ORIENTAL INSURANCE CO. LTD. Vs. RAVINDER KUMAR

JUDGEMENT

(1.) Having heard the learned counsels for the parties and upon perusal of the record, this Court proceeds to decide the present appeal.

(2.) The appellant/Insurance Company has preferred the present appeal under Sec. 30(1)(a) & (aa) of the Employee's Compensation Act, 1923, thereby challenging the impugned judgment-cum-award dtd. 5/2/2020 passed by the learned Commissioner, Employee's Compensation, District South, Delhi. By the said judgment, the claim of respondent No.1/workman/claimant seeking compensation for injuries sustained in the course of his employment with respondent No.2 was allowed, and compensation of Rs.7,01,760.00 has been awarded along with interest @ 12% per annum from the date of the accident, i.e., 17/1/2013, till realization.

(3.) In a nutshell, the case of respondent No.1/workman/claimant was that he was employed as a driver on Tank Lorry bearing No. BR16A-1100, owned by respondent No.2/insured; and that on 17/12/2012, after unloading diesel from the said vehicle at Shanshyam Pur (Madhubani), while he was driving towards Barauni, Begusarai, a cow suddenly emerged onto the road near village Vikrampur, Begusarai; and that in an attempt to save the cow, the vehicle was steered to the left and struck against a tree. As a result, not only was the truck badly damaged, but the respondent No. 1/workman/claimant also sustained injuries.