NATIONAL INSURANCE CO. LTD. Vs. HARENDRA SINGH

JUDGEMENT

(1.) This appeal has been preferred by the appellant/insurance company assailing the impugned order/judgment dtd. 13/10/2021 passed by the learned Commissioner, Employees' Compensation, North-District, New Delhi ['Commissioner'], whereby the claim for compensation filed by the respondent No. 1/claimant/workman was allowed, granting a total compensation of Rs.10,33,344.00, along with a penalty amount of Rs.2,58,336.00 under Sec. 4A(3)(b) of the Employees' Compensation Act, 1923 'EC Act', payable with interest @ 12% per annum with effect from 25/7/2015 till its realization. The liability for payment was fastened upon the shoulders of the appellant/insurance company.

(2.) Shorn off unnecessary details, admittedly, the respondent No.1/claimant/Sh. Harendra Singh @ Harendra Chaudhary, S/o Sh. Ranvir Singh, was employed as a driver of vehicle bearing registration number HR-55-J-5412, a truck owned by Sh. Nikhil Gill/Respondent No. 2. On 25/6/2015, the vehicle was engaged on a business trip from Meerut to Pune (Maharashtra), carrying a consignment of sports (gym) goods, with the claimant designated as the driver. At approximately 7:30 P.M., while operating the vehicle near Nanoo, Hathras Road, a truck approaching from the opposite direction collided with the vehicle driven by the claimant.

(3.) As a result of the collision, the respondent No. 1/claimant sustained grievous injuries, particularly to his right leg, right hand, and jaws; the vehicle also sustained damage. Suffice it to state that, after prolong medical treatment, the injuries resulted in causing permanent disability, notably shortening of the respondent No.1/claimant's right leg by approximately one inch, rendering him incapable of sitting properly. The respondent No. 1/claimant asserted that he incurred substantial medical expenses and had become 100% disabled for the purpose of his employment as a driver, resulting in a total loss of earning capacity.