ORIENTAL INSURANCE CO LTD Vs. DIWAN SINGH

JUDGEMENT

(1.) HEARD Shri V.K. Kohli, the learned Senior counsel assisted by Mr. Tribhuwan Pandy, the learned counsel for the appellant and Shri A.K. Sah, the learned counsel for the respondents.

(2.) THE facts leading to the filing of the appeal u/S 30 of the Workman Compensation Act, 1923 is, that the workman opposite party No.1 was employed as a driver and, in the course of his employment, while driving the vehicle from Haldwani to Almora, the vehicle stopped on account of some defect. The workman in order to check the defect, opened the bonnet of the vehicle when, all of a sudden, the battery burst and pieces of battery, damaged the right eye of the workman. The workman was hospitalized and was operated upon. The doctor issued a disability certificate indicating the loss of disability at 50%. The workman claimed compensation and, since it was not paid, filed an application for payment of compensation under the Workman Compensation Act.

(3.) THE Commissioner Workman Compensation, after considering the material evidence on record, allowed the claim application by an award dated 20th July, 2006 holding that the workman was entitled for Rs. 2,50,423/ - as compensation and that the insurance company was liable to pay the said amount since the vehicle was insured.