ORIENTAL INSURANCE CO LTD Vs. VASANTHA PITAMBAR

JUDGEMENT

(1.) The Insurance Company has preferred this appeal against the Judgment dated 20.3.91 passed by the Commissioner for Workman's Compensation, Belgaum Dist., in case No. SCA: SR -48/89 questioning its liability to pay the compensation of Rs. 68,327/-awarded in favour of the 2nd respondent herein.

(2.) The brief facts of the case are that the 2nd respondent was an employee of the 1st respondent and he was employed as a driver to drive truck bearing No. MCH 4860 or a monthly salary of Rs. 800/-with bata of Rs. 20/- per day. On 31.3.89 with a view to change the oil and also to apply grease he had taken the truck to Sadhu Garage, Belgaum. While he was removing the tyre, the lorry fell on him and he sustained fractures resulting in disability. Therefore, he claimed compensation in a sum of Rs. 75,000/-.

(3.) The Commissioner after holding enquiry held that the claimant was an employee of the 1st respondent & during the course of his employment he sustained injuries and he also held that the claimant has proved his disability to the extent of 70% and taking his salary at Rs. 800/- awarded a compensation in a sum as stated above and held the insurance company liable to pay the compensation.