NATIONAL INSURANCE COMPANY LTD Vs. DHARAMPAL

JUDGEMENT

(1.) THIS appeal arises out of an order dated 2nd january, 2003 of the commissioner Workmen's Compensation awarding an amount of Rs. 4,35,288/- in favour of respondent no. 1 for having suffered permanent total disability in the course of his employment as driver on a truck owned by respondent No. 2.

(2.) THE respondent No. 1 worked as a driver with respondent No. 2 on his truck bearing No. DL-IGB-2809. On 21st July, 2001 he was proceeding on the said truck from Delhi to Baroda. At about 5. 30 p. m. on that date, on reaching a place near Dadu, Jaipur (Rajasthan) he parked his truck by the road side and started crossing the road to go to the other side to take refreshment when he was knocked down by a speeding moped resulting into injuries all over his body including head. He was rushed to a government hospital and later removed to Mata chanan Devi Hospital, Delhi. On account of head injury he was rendered mentally disabled to work as a driver. Such disability was to the extent of 100%. On the relevant date the respondent No. 1 was 35 years of age and was drawing wages to the tune of rs. 3,000/- plus Rs. 50/- per day as allowances. The vehicle in question was at the relevant time insured with the appellant and an additional premium for liability under Workmen's Compensation act had been charged by it.

(3.) THE respondent No. 1 could not be served with notice of appeal in ordinary course. He was ultimately served by publication. He however, did not cause his appearance either in person or through counsel. It was respondent No. 2 alone who, on being served with notice, contested the appeal.