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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms. R. Poornima, J
The Divisional Manager, The Divisional Office, The New India Assurance Company Limited – Appellant
Versus
K.Prabhu – Respondent
| Table of Content |
|---|
| 1. claim relates to work compensation due to an accident. (Para 4 , 5) |
| 2. determining liability under the workman compensation act. (Para 8 , 9) |
| 3. legal interpretation of licensing requirements. (Para 10) |
| 4. driver's authorization to operate vehicle discussed. (Para 12 , 13) |
| 5. civil miscellaneous appeal dismissed; order confirmed. (Para 14) |
JUDGMENT
The appellant/4th respondent Insurance company has filed this Civil Miscellaneous Appeal against the order made in W.C.No.172 of 2008, dated 30.12.2008, on the file of the Commissioner for Workmen’s Compensation, Madurai.
2.The parties are referred to herein as per their rank before the Tribunal, for easy reference.
3.The brief case of the claimant is as follows:-
On 18.1.2005, when the appellant is working in the first respondent’s auto bearing Registration No. TN 45 A 4068 near Sivagangai Ring Road, at that time, auto dashed against the bus bearing registration No. TN 01 6643 and he claimant had sustained bone fracture and head injuries and he had been taken treatment at Madurai Rajaji Hospital for ei\gtht days and then at a private hospital and thus his earning capacity had reduced considerably. At the time of accident, the
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