NEW INDIA ASSURANCE CO.LTD. Vs. SATVIR VERMA

JUDGEMENT

(1.) The challenge by means of this first appeal under Section 30 of the Workmen's Compensation Act, 1923, is to the impugned order of the Commissioner, Workmen's Compensation dated 9.8.2004. By the impugned order, the Commissioner, Workmen's Compensation has awarded compensation of Rs. 2,68,800 to the respondent No. 1/workman.

(2.) The facts of the case are that the workman was employed with the respondent No. 2 herein as a helper for the truck bearing No. DL-1G-9120, getting a salary of Rs. 1,000 per month along with Rs. 25 per day as diet money. On 2.7.1996, the truck which was loaded with timber was being unloaded and during this process, the Dala/body of the truck broke down resulting in the timber falling over the workman and the workman suffering injuries. As per the case of the workman, besides spending amount on the treatment, he suffered injuries to both his legs which had to be operated. An iron rod was stated to be fixed in the right leg. It was alleged that the income of the workman had ceased and he was on the verge of starvation, which resulted in filing of the claim petition.

(3.) The defences of the appellant/Insurance Company before the Commissioner were basically three-fold, and which aspects have also been argued before me: