ORIENTIAL INSURANCE COMPANY LIMITED Vs. SATENDER KUMAR

JUDGEMENT

(1.) This first appeal is filed under Section 30(1) of the Workmen's Compensation Act, 1923 impugning the judgment of the Commissioner dated 07.2.2013, by which the Commissioner has allowed the compensation claim of the respondent no.1/claimant.

(2.) The facts of the case are that the respondent no.1 was working as a Driver on vehicle/bus bearing no. DL-IPA 6592 owned by the respondent no.2 herein and he was drawing wages of Rs.6000/- per month with Rs.200/- per day for diet and lodging allowances. On 02.1.2005, the respondent no.1 was driving the vehicle on route no. 263 and coming towards Bhajanpura side. When the bus was coming down from the Gokulpuri Flyover, a Maruti Zen bearing no. DL-2CP 1108 suddenly came before the bus and, though the respondent no.1 tried to avoid any impact with the Maruti Zen by turning the bus towards middle line of the road, another DTC bus bearing no.DL- 1PA 7739, which was coming towards the Golukpuri Flyover rammed into the bus which the respondent no.1 was driving. As a result of the accident, respondent no.1 as also other passengers suffered multiple injuries. The respondent no.1 claimed that the appellant is wrongly said to be negligent in driving the bus. As a result of the accident, respondent no.1 suffered multiple injuries and fractured his right lower leg and had become permanently disabled and cannot do his work of the driver, which he was doing prior to the accident. An iron rod has been inserted in the right leg of the respondent no.1 because of the accident.

(3.) The appellant, Insurance Company was the respondent no.2 before the Commissioner and it pleaded that it had no intimation of the accident by the insured. It was prayed that the claim petition of the respondent no.1 be dismissed.