BRANCH MANAGER THE NEW INDIA ASSURANCE COMPANY LIMITED Vs. RAJENDRA KUMAR MANDLE S/O AHRI SITARAM MANDLE

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred under Section 30 of the Employee's Compensation Act, 1923 (for short 'the Act of 1923') by Non- Applicant No.2-New India Assurance Company Limited questioning the legality and propriety of the award dated 14.05.2015 passed by the Commissioner for Employee's Compensation, Labour Court, Rajnandgaon (for short 'the Commissioner') in Case No.15/W.C Act/2010, by which, the Commissioner has allowed the Claim Petition by awarding a sum of Rs.1,99,661/- with 12% interest per annum from the date of filing of the Claim Petition till its realization. The parties to this Appeal shall be referred hereinafter as per their description in the Labour Court.

(2.) Briefly stated, the facts of the case are that on 01.06.2008, the Claimant, as per the instruction of his employer was going to Telinala by his Metador bearing its registration No.CG 04 G 8169 in order to fetch the wood. At the relevant time, when he was at GE Road, his vehicle was dashed vehemently from its opposite side by a tanker/truck bearing its Registration No.HR 38 H 3869, which was being driven in a rash and negligent manner by its driver. As a result of which, he sustained serious multiple injuries and his right knee got fractured and was admitted into the District Hospital, Rajnandgaon. According to him, he was working under the employment of one Raju Goutam, Non-Applicant No.1 as his driver and used to earn Rs.4,000/- per month along with daily allowance of Rs.100/- and has suffered permanent disability owing to the alleged accident giving rise to the institution of the Claim Petition under Section 22 of the Act of 1923.

(3.) Non-Applicant No.1 appeared upon receiving notice of the Claim Petition but was proceeded ex parte, while Non-Applicant No.2-the Insurance Company contested the claim by disputing the income of the Claimant and pleaded further that the Claimant has neither suffered permanent disability as alleged by him nor has become disabled to perform his work as a driver owing to the injuries suffered by him on account of the accident occurred on 01.06.2008.