SANJEEV KUMAR Vs. KHALEEL AHMED

JUDGEMENT

(1.) This appeal is filed by the claimant seeking enhancement of the compensation awarded by the Senior Civil Judge and JMFC and Commissioner for Employees Compensation at Basavakalyan in ECA.No.09/2015 dated 18.11.2017.

(2.) The judgment and award of the Tribunal discloses that the appellant was employed as a driver in a Lorry bearing No.56/1169 belonging to respondent No.1, which was duly insured by the respondent No.2. On 19.08.2014, when the appellant was proceeding in the Lorry towards Mumbai, the brakes of the Lorry failed. Thus the appellant could not stop the vehicle which dashed against a Nandurgi tree in front of Hotel. The appellant jumped out of the vehicle save his life and sustained multiple injuries and also injuries on his head. The appellant was shifted to Solapur Civil Hospital. Thereafter, he was treated by a Neuro specialist Dr. Katikar. The appellant stated that he spent more than Rs.1,50,000/- towards his treatment. The appellant claimed that he was aged 32 years and was earning monthly income at R.8,000/- and was paid Rs.100/- per day as daily allowance. He alleged that the accident occurred during the course of his employment with respondent No.1. He alleged that he sustained injuries which prevented him from being employed as a driver and therefore, he suffered totally disability. Based on these contentions, the appellant filed a claim petition claiming compensation of Rs.15,00,000/-.

(3.) The claim petition was contested by the insurer of the vehicle in question, who denied the case of the appellant. It was also contended that the claim petition of the appellant was not maintainable as there was no nexus between the appellant and vehicle in question and also that the petition was barred by time. It was also claimed that the appellant did not hold a valid and effective driving license and thereby violated the policy conditions.