NATIONAL INSURANCE CO. LTD. Vs. SH. PARDEEP KUMAR

JUDGEMENT

(1.) CM No. 27286 of 2017 (Exemption). Applications stands disposed of. FAO No. 327/2017 and CM No. 27285/2017 (for condonation of delay of 334 days), CM No. 27284/2017 (Stay) This appeal under section 30 of the Employees Compensation Act, 1923 is filed by the Insurance Company against the impugned judgment of the Employees Compensation Commissioner dated 15.6.2016 whereby the claim petition filed by the respondent no. 1 herein has been allowed and by applying the statutory formula compensation of Rs. 10,55,760/- has been awarded along with interest as per section 4A of the Employees Compensation Act.

(2.) The facts of the case are that respondent no. 1 herein, claimant before the Employees Compensation Commissioner, pleaded that he was a Driver appointed by the respondent no. 2 herein, to drive the vehicle bearing registration no. HR-38-N-8549. Respondent no. 1 pleaded that he was getting a salary of Rs. 10,000/- per month. It was further pleaded in the claim petition that on the night of 14/15.10.2012 at about 1.00 am when the respondent no. 1 was proceeding from Faridabad to Dehradun, Uttrakhand, and when he reached at Khatauli Bye-pass, suddenly a wild animal came in front of the truck and to save the same his truck collided with another truck. As result of the accident, the left leg below the knee of the respondent no. 1 was amputated. The claim petition was therefore filed.

(3.) Appellant and the respondent no. 2 herein on being served appeared in the proceedings before the Employees Compensation Commissioner. Respondent no. 2 herein admitted the employment of the respondent no. 1/claimant. It was also admitted that accident happened during the currency of the policy. Respondent no. 2 however pleaded that respondent no. 1/claimant was only being paid Rs. 6000/- per month and not Rs. 10,000/- per month.