MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI DIVISION V) LIMITED Vs. K THANGAPANDIAN

JUDGEMENT

(1.) The order passed in W.C. No. 163 of 2001 by the Commissioner for Workmen's Compensation, (Deputy Commissioner of Labour), Dindigul is being challenged in the present civil miscellaneous appeal.

(2.) The respondent herein as applicant has filed the petition in question praying to award a compensation of Rs. 45,100/- wherein, the present appellant has been shown as sole respondent.

(3.) It is averred in the petition that on 14.04.1999, the applicant has served as a driver under the employment of the respondent and on the same day at 9.55 p.m, after finishing his duty, he has stopped the bus in Dindigul Branch and he has to begin his duty on 15.04.1999 at about 4.55 a.m. Since he has to resume his duty on 15.04.1999 at abut 4.55 a.m, he stayed in the rest room. On 15.04.1999 at about 4.30 a.m, the applicant has woken up and gone to toilet and unfortunately he has fallen down and thereby sustained injuries including fracture. Since the applicant has fallen down during the course of employment of the respondent, the respondent is liable to pay compensation to the applicant. Further, it is stated in the petition that the applicant has spent Rs. 41,100/- towards medical expenses. Under the said circumstances, the present petition has been filed for getting the relief sought for therein.