NEW INDIA ASSURANCE COMPANY LIMITED Vs. SUBHAS

JUDGEMENT

(1.) RESPONDENT herein was the driver of lorry bearing Registration No. CAM-105 of which second appellant is the owner and first appellant is the insurer. Respondent sustained an employment injury on 4-2-1996 when driving the said lorry. He sustained serious injuries to the right leg (comminuted fracture of middle and lower one-third of right fibula, oblique fracture of midshaft of right tibia, fracture of head of left fibula, fracture of lower pole of right patella and oblique comminuted fracture of distal shaft of second metatarsal ).

(2.) THE petitioner filed a claim petition (W. C. No. 4 of 1996) under section 10 of the Workmen's Compensation Act, 1923 ('act' for short), praying for award of Rupees Three lakhs as compensation, in respect of the said injuries. In the claim petition the respondent (also referred to as the 'workman') averred that he was aged 35 years and was getting a salary of Rs. 2,000/- per month apart from Rs. 25a per day as batta, at the time of accident. He also stated that he was hospitalised between 4-2-1996 and 11-5-1996 for treatment and was advised further treatment and bed rest for another six months. He contended that he suffered 100% permanent disablement due to the said injuries sustained by him, that he had lost his job, and that he was unable to attend to his normal day-to-day activities or work nor earn an income.

(3.) THE employer filed objections denying the claim of the workman that he was getting a salary of Rs. 2,000/- plus batta of Rs. 25/- per day. He alleged that workman was paid only Rs. 700/- as salary including batta. The employer did not however dispute or deny the accident or the injuries sustained by the workman. The employer, as also the insurer (first appellant herein), denied that the workman had suffered 100% disability as a result of the injuries sustained by him.