NEW INDIA ASSURANCE COMPANY LIMITED Vs. MARUTI

JUDGEMENT

(1.) This appeal is listed for admission and at the request of the learned counsel appearing on behalf of the parties, it is taken up for final disposal.

(2.) The parties are referred to by their nomenclature before the Commissioner for Workmen's Compensation.

(3.) The brief facts of the case are that the claimant has made a claim for compensation in respect of a calamity that occurred way back in 2009. The claimant, who is the 1st respondent herein has preferred a petition under Section 22 of the Workmen's Compensation Act [henceforth referred to as "the Act" for the purpose of convenience], praying for compensation on account of the injuries sustained in an accident. It is the case of the claimant that on 23.11.2009 he was proceeding to Ajara in the tractor and trailer bearing reg. No.KA-36/P-3223 belonging to the 1st respondent/owner and after loading bricks at Ajara and while they were returning, near Gadhinglaj-Sankeshwar road, the tyre of the tractor suffered punctured. Hence the tractor and trailer was stopped. In the meantime, the claimant wanted relieve himself and went to answer the nature's call and he started to cross the road. At that time, a motorcycle which was being ridden at a high speed and in a rash and negligent manner, came and crushed into the claimant and fled away. As a result, the claimant sustained grievous injuries and was immediately shifted to K.L.E.Hospital, Belagavi, where he was treated as an in-patient for more than a month. He has incurred expenses in excess of Rs.1,50,000-00 towards medical expense. Prior to the accident, he was hale and healthy and was earning Rs.4,000-00 p.m. by employment as a coolie in the aforesaid tractor. On account of the injuries, he has become physically disabled and unable to eke out his livelihood as he was prior to the accident.