AVTAR SINGH Vs. BIJENDER SINGH

JUDGEMENT

(1.) This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as "the Act") against impugned order dated 19.04.2005 passed by the Commissioner Workmen Compensation, Ashok Vihar, Delhi for enhancement of compensation awarded to the appellant.

(2.) The case of the appellant is that appellant was employed as a "driver" with respondent no. 1 and was getting Rs. 4, 500/- per month. On 04.06.2003, during the course of his duties the appellant was proceeding from Muradabad to Delhi on a truck bearing no. DL-1L-E-2731. The said truck was owned by respondent no. 1 and it was insured with respondent no. 2 vide policy No. 360400/31/02/6312926 valid from 27.03.2003 to 26.03.2004. At about 4.00 a. m. when the truck driven by him had reached near village Chhijarsi in the area of P. S. Pilakhua, District Ghaziabad (U. P. ) a broken down accident tractor bearing No. PJS 6668 and a truck bearing No. UP 15B 0241 respectively were parked on the main road. Those vehicles came in front of the truck being driven by the appellant as a result of which appellant had lost control of his vehicle and the same had struck against that truck which was parked on the road. As a result of the forceful impact, appellant sustained multiple grievous injuries which resulted in amputation of his right leg below knee and facture of shaft of femur. The appellant was operated on 06.06.2003 and interlocking nail was inserted in his right hip in Yashoda Hospital, Ghaziabad, U. P. The appellant had produced a disability certificate issued by office of Medical Superintendent, Babu Jagjeevan Ram Memorial Hospital assessing disability as 70%. The appellant remained in hospital from 04.06.2003 to 13.06.2003 and incurred more than Rs. 1 lakh on his treatment. The matter was also reported to the Police. The appellant suffered serious injuries resulting in permanent 100% loss of earning capacity. He had sent a demand notice and thereafter filed a claim before the Commissioner appointed under the Act. By way of claim petition, appellant had claimed compensation of Rs. 7 lakhs along with 18% interest from the date of accident till the realization of the award amount and also 50% penalty.

(3.) The respondent no. 1 i. e. the employer had filed the written statement wherein he admitted that the appellant was his employee at the relevant time.