1. This appeal is preferred by the appellant / petitioner in W.C.No.29 of 1999 before the Commissioner of Workmen Compensation - I (Deputy Commissioner of Labour - I), Chennai.

2. According to the appellant he was working as a driver under the first respondent and was driving a lorry bearing registration No.KA01-5769. On 12.07.1998, while he was driving the said lorry, he stopped the lorry to help himself with a cup of tea. While so, another lorry bearing registration No.AP26 - V - 5767 dashed against him owing to which he suffered fracture to his left leg and was admitted in the hospital. Hence, he invoked the jurisdiction of Workmen Compensation Act and sought a compensation of Rs.5,00,000/-.

3. Opposing the said claim, the second respondent / Insurance Company defended the action on two grounds :

(a) the manner of the accident as contended by the appellant was not correct as there are certain internal contractions as to how the accident took place;

(b) that the appellant did not possess a valid driving licence at that relevant time

4. The Commissioner under the Workmen Compensation Act has decided the issue in favour of the petitioner / appellant and has held that he was an emplo