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MAC.APP.NO.417/2009
Date of Decision: 19th November, 2010 STATE OF TAMILNADU ..... Appellant
Through : Mr. V. Senthil Kumar and Mr. M.A. Chinnasamy, Advs.
Through : Mr. Amit Kumar Pandey, Adv. for R-1 along with R-1 in person.
Mr. O.P. Mannie, amicus curiae.
JUDGMENT
1. Whether Reporters of Local papers may be allowed to see the Judgment? Not
2. To be referred to the Reporter or not? Necessary
3. Whether the judgment should be reported in the Digest? J.R. MIDHA, J. (Oral)
1. The appellants has challenged the award of the Claims Tribunal whereby compensation of Rs.29,374/- has been awarded to respondent No.1.
2. The accident dated 25th September, 2001 resulted in grievous injuries to respondent No.1. Respondent No.1 was fixing a board for M/s Green Line when the offending car came and hit him resulting in grievous injuries.
3. The only ground urged by learned counsel for the appellant at the time of hearing of this appeal is that the driver 2010:DHC:5595 liability to pay the compensation should be put on the driver and the appellant should be exonerated.
3. The Claims Tribunal has referred to and relied upon the charge sheet and other documents in which it is recorded that the offending car hit the scooter being driven by the deceased and thereafter the TSR. Admittedly, the driver was employed with State of Tamil Nadu and is still continuing the said employment and, therefore, the employer is vicariously liable to pay the compensation in respect of the accident in question. The finding of the Claims Tribunal in this regard is upheld.
4. There is no merit in the appeal which is hereby dismissed.
5. The appellant has deposited the entire award amount along with up to date interest with the Registrar General of this Court in terms of the order dated 31st August, 2009. The claimant/respondent No.1 within two weeks. J.R. MIDHA, J NOVEMBER 19, 2010 aj