NATIONAL INSURANCE CO. LTD. Vs. SUBHASH LAL

JUDGEMENT

(1.) THIS first appeal is filed under Section 30 of the Employees' Compensation Act, 1923 impugning the judgment of the Commissioner dated 12.8.2013 which has allowed the claim petition filed by the claimant, respondent no.1 herein.

(2.) THE case as set up by the respondent no.1 was that he was employed as a driver by the respondent no.2 herein/employer, respondent no.1 before the Commissioner, for driving of the vehicle bearing No.HR -55 - N 5772 which was owned by the employer. On 1.12.2012 he was given instructions to carry out an occupational trip from Mumbai to Delhi and when the vehicle reached Delhi near Akshardham, applicant went for searching the godown where goods were to be unloaded. At that stage, he met with an accident from a vehicle which was coming from opposite side at a very high speed and driven rashly. As a result of the accident, the applicant/respondent no.1 received injuries all over his body including his left leg and which had to be amputated from the knee. The vehicle in question was insured with the company at the time of accident, and an additional premium was charged by the appellant for coverage under the Employee's Compensation Act, 1923. Claim petition was accordingly filed.

(3.) IN view of the above, the Commissioner without taking of evidence by the appellant/insurance company allowed the claim petition. The Commissioner has also held that objections that documents like MLC report, driving licence etc having not been filed are not ground for disallowing the claim petition. Reliance for such purpose has been placed upon the judgment of the Supreme Court in the case of National Insurance Co. Ltd. Vs. Mastan and Anr. 2006 ACJ 528.