NEW INDIA ASSURANCE CO LTD Vs. MOHAMMAD ARIF

JUDGEMENT

(1.) The appellant/insurance company has preferred the present appeal under Sec. 30 of the Employee 's Compensation Act, 1923[E.C. Act ], assailing the impugned judgment dtd. 26/4/2021 passed by the Commissioner, Employee 's Compensation Act, 1923, whereby the claim filed by the respondent No.1/injured employee under Sec. 22 of the E.C. Act has been allowed and he has been granted total compensation of Rs.5,16,672.00 payable alongwith interest @ 12% p.a. with effect from 29/7/2015 till realization, besides penalty in terms of Sec. 4A(3)(b) of the E.C. Act amounting to Rs.2,58,336.00.

(2.) The grievance of the appellant/insurance company is that the liability to pay compensation including penalty has been fastened upon it contrary to the law. FACTUAL BACKGROUND:

(3.) Briefly stated, it was proven during the course of enquiry before learned Commissioner, Employee 's Compensation that respondent No.1/injured was employed as a driver by respondent No.2/registered owner and on the fateful day i.e. 29/6/2015 he was driving a truck bearing No. HR-55P-6453 (12 tyre) when at about 02:00 AM, it met with an accident about 2-3 Kms from Pana Garh falling in the District Paschim Bardhaman, State of West Bengal. Respondent No.1/injured employee was proven to have suffered grievous injuries resulting in permanent partial disability to the extent of 22% in the nature of physical impairment of his abdomen and lower jaw besides left knee. It was claimed during the enquiry that the earning capacity of the respondent No.1/injured employee had been substantially reduced.