NATIONAL INSURANCE COMPANY LTD Vs. CHANDER VIR

JUDGEMENT

(1.) The Appellant National Insurance Company Limited takes exception to an order dated 09.02.2004 passed by the Commissioner under Workmen's Compensation Act, 1923 (the Act) awarding a compensation of Rs. 4,54,944/- in favour of the First Respondent for having suffered an employment injury viz., loss of one eye while he was driving bus No.DL- 1PA-288 near village Chutmal Pur, District Saharanpur, U.P.

(2.) On the basis of the evidence adduced by the First Respondent it was established that on 24.03.2003, the First Respondent was employed as a driver on bus No. DL-1PA-288. On the fateful day when he reached village Chutmal Pur, District Saharanpur, U.P. a truck bearing No.UP- 12D-3065 came from the opposite direction and stopped in front of the bus. The truck driver got down and started hurling abuses on the First Respondent. The truck driver was accompanied by other persons. All of them were armed with lathis and rods. They started hitting the First Respondent on account of which he suffered injuries on his left eye. The First Respondent lodged an FIR No.49/2003 at Police Station Fatehpur, District Saharanpur. The First Respondent's testimony with regard to the manner of the accident and the insurance of the bus covering the risk for the driver/employee under the Act was not disputed by the Appellant Insurance Company.

(3.) On appreciation of evidence, the Commissioner found that the First Respondent suffered injuries out of and during the course of employment. On the basis of the evidence adduced the Commissioner found that the First Respondent was totally incapacitated to work as a driver on account of loss of one eye although as per the Disability Certificate dated 09.05.2003 there was disability to the extent of 30% only. The Commissioner, thus awarded a compensation of Rs. 4,54,944/-.