NATIONAL INSURANCE CO. LTD. Vs. SAFAT

JUDGEMENT

(1.) This common judgment shall decide the afore-noted two appeals which have been preferred by the appellant/insurance company and the registered owner of the offending bus bearing No. UP- 32-Z-1506 whereby they have assailed the order/judgment dtd. 28/4/2021 passed by the learned Commissioner, Employee's Compensation, whereby the claim for compensation filed by the respondent No.1/injured/employee was allowed granting him a total compensation of Rs.9,09,888.00 payable with interest @ 12% p.a. w.e.f. 23/10/2013 till its realization, which liability was fastened on the shoulders of the appellant/insurance company besides additionally directing the respondent No.3/Sh. Satyekam Shashtri, the registered owner of the vehicle to pay an additional penalty of Rs.4,54,944.00 in terms of Sec. 4(A)(3)(b) of the Employee's Compensation Act, 1923.

(2.) Shorn off unnecessary details, admittedly, respondent No.3/appellant who has since died and is represented through his legal heir-Rajbeer was the registered owner of the vehicle in question, which was claimed to have been handed over for management and business purposes to one Mr. Imran Qureshi and respondent No.1 was employed as a driver, who lodged a claim under Sec. 22 of the E.C. Act to the effect that on 23/9/2013, he had gone on a business trip to Saharanpur and on his way back, one of the tyre got punctured and he mounted on to the tool box to bring down an additional tyre placed in the tool box of the vehicle; and when he was on the top of it and was struggling to have the additional tyre offloaded from the tool box, the jack stemmed to leverage the vehicle got de-affixed and due to sudden heavy jerk, he slipped and fell from the tool box down on the surface and sustained grievous injury on his left hand.

(3.) Suffice to state that respondent No.1/claimant/employee was medically treated and suffered permanent impairment in relation to the left upper limb to the extent of 20% in terms of the certificate dtd. 12/7/2017 issued by Aruna Asaf Ali Hospital, Delhi. Respondent No.1/claimant/ employee agitated that due to a permanent disability, he had become 100% disabled for the purpose of employment as a driver.