ISHWAR SAHU Vs. BALVINDER SINGH

JUDGEMENT

(1.) Appellant/applicant has preferred this appeal under Section 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as 'E.C. Act') (prior to 18/01/2010 known as Workmen's Compensation Act) challenging the judgment dated 18.11.2014 passed by the Commissioner for Employees Compensation-cum-Labour Court No.2, Raipur, Chhattisgarh (hereinafter referred to as 'Commissioner') in Case No.41/W.C.Act/2011/Non-Fatal whereby learned Commissioner allowed the application filed under Section 10 of the E.C. Act in part and awarded Rs.1,18,773/- as total compensation.

(2.) Facts relevant for disposal of this appeal, are that, appellant was working under the employment of respondent No.1/non- applicant No.1 as Conductor/Cleaner of Truck bearing No.CG-04/DC/9381. On 27.05.2010, at about 3.00 PM, when appellant under the instructions of non-applicant No.1 was checking stationary Truck owned by non-applicant No.1, at that relevant time, one unknown vehicle dashed him and caused accident. In the said accident, appellant suffered grievance injuries over his person.

(3.) After recovery from the injuries, he filed an application under Section 10 of the E.C. Act seeking compensation of Rs.1,40,140/- with interest at the rate of 12% along with penalty of 50% of amount of compensation.