KALYAN SINGH Vs. KALYAN SINGH

JUDGEMENT

(1.) HEARD Shri Yogesh Pandey, counsel for the appellant, Shri D. S. Patni, counsel for the respondent No. 1 and Shri Deepak Rawat, counsel for the respondent No. 2.

(2.) BY the present appeal, filed under section 30 of Workmen's Compensation Act, the appellant has prayed for setting aside the judgment and order dated' July 22, 2005 passed by Workmen's Compensation Commissioner, champawat in W. C. C. No. 4/2002 by which the claim petition of the claimant has been dismissed.

(3.) BRIEFLY stated, an application under section 4 of Workmen's Compensation Act was filed being W. C. C. No. 4/2002 in the Court of Commissioner, Workmen's Compensation, champawat. According to the claimant, he was employed as driyer 1 in the Jeep No. UP 29/1001 belonging to Kalyan Singh i. e. respondent No. 1. On October 4, 2001 the aforesaid Jeep met with an accident during the service near Simalkhet as a result of which the backbone of the claimant got broken. His both legs got also fractured. The claimant was taken to Lohaghat for primary medical aid and thereafter he was referred to Bareilly for better treatment. He underwent treatment for a long period and a sum of Rs. 80,000/- has been spent on his medical treatment. He also underwent medical treatment at Almora Base Hospital. It has been stated that due to the accident, the claimant has become permanently disabled. He has sent a notice for compensation to the insurance company as well as the Jeep owner but no compensation has been given to him. The claimant was aged about 35 years at the time of accident and he was getting a sum of Rs. 2,000/-towards salary. The claimant has claimed a sum of Rs. 19,7007- alongwith interest thereon at the rate of 12 per cent.