MANAGER ORIENTAL INSURANCE COMPANY LIMITED Vs. G VIJAYAPANDIAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant against the award, dated 23.07.2007 made in W.C.No.202 of 2005, on the file of the Deputy Commissioner of Labour, Dindigul.

(2.) The brief facts of the case is as follows:

(3.) The appellant/The Oriental Insurance Company Limited filed a counter- affidavit and denied all the averments stated by the claimant. The second respondent contended that the petitioner should prove that he was a driver under the first respondent on 27.04.2005 and also prove that the alleged injuries sustained during the course of his employment. He denied the age and salary as stated in the petition. The petitioner should produce the original salary receipts received from the first respondent for the previous months and should prove the age through relevant documents. He further contended that in order to get compensation, he has given his age as 28 and the petitioner should produce the original medical records to prove his alleged injuries, and the disability as assessed by the doctor was subject to reference with the concerned medical board. They further submitted that as per Section 10 of the W.C.Act, notice has not been sent to the respondent and hence they are not able to pay compensation to the petitioner. The first respondent was colluding with the petitioner and remained ex-parte in the proceedings. As per F.I.R, the ownership has been suppressed. They further contended that as per policy only two persons can be travelled in the first respondent's vehicle, but at the time of the alleged occurrence 4 persons had travelled in the vehicle. The first respondent has used his vehicle against the policy condition.