ORIENTAL INSURANCE COMPANY LIMITED Vs. KASHIM

JUDGEMENT

(1.) Though this matter has come up for orders, as both sides are represented and point involved is a short point, it is heard on merits.

(2.) The first-respondent sought for compensation before the Commissioner for Workmen's Compensation for the injuries sustained by him in an accident which took place on 18-11-1990. He was travelling in the truck bearing No. CTW 6776 in his capacity as driver employed by the second-respondent who is the owner of the vehicle. His case was that on that day at the time of the accident another driver by name Khasim Sab was driving the vehicle and that he was taking rest, that there were two drivers for the vehicle and that there was a collision between their vehicle and another truck which came from the opposite direction. In that accident, he sustained injuries which has resulted in permanent disability.

(3.) The owner of the vehicle did not contest the claim. Only the insurer-appellant filed objections. On the material on record, the Commissioner has held that the first-respondent was employed by the owner of the truck as a driver and that at the time of the accident, the first-respondent was travelling in the truck as a spare driver and that he sustained the injuries in the accident arising out of and in the course of his employment. On the basis of the evidence of the first-respondent and the doctor's evidence, he has determined the loss of earning capacity at 100%. On that basis, the Commissioner has awarded the compensation of Rs. 1,08,455/- and has made the appellant-insurer liable to pay that compensation.