NATIONAL INSURANCE CO. LTD. Vs. KHIMJIBHAI BHURABHAI GOHIL

JUDGEMENT

(1.) Present appeal is filed by the appellant - National Co. Ltd. against the judgment and award passed by the learned Commissioner for Workmen's Compensation, Bhuj-Kachchh in Workmen's Compensation Case (N.F.) No. 15 of 2003, whereby, the learned Commissioner has awarded compensation of Rs.5,31,288.00 with interest @ 12% p.a. in favour of original claimant and also directed the respondent No.2 - owner to pay penalty of Rs.5,000.00.

(2.) The short facts giving rise to present appeal are that, the respondent No.1 - original claimant was working with the respondent No.2 as a driver and was driving the truck bearing registration No. GJ-12-T-7186, owned by the respondent No.2 and was earning Rs.4,000.00 per month and was also earning Rs.3,000.00 towards additional amount, in total he was earning Rs.7,000.00 per month. That, on 26/4/2003, when the respondent No.1 was on duty, accident took place and he sustained injuries on various parts of his body and sustained fracture on his right hand. At the time of accident, the respondent No.1 was aged 22 years and because of the accident, he was unable to work as driver and he sustained 100% disablement. Therefore, the respondent No.1 had claimed compensation of Rs.1,32,822.00 by filing Workmen's Compensation Case being Workmen's Compensation Case (N.F.) No. 15 of 2003, whereby, the learned Commissioner has awarded compensation of Rs.5,31,288.00 with interest @ 12% p.a. in favour of the respondent No.1 and also directed the respondent No.2 - owner to pay penalty of Rs.5,000.00.

(3.) Being aggrieved and dissatisfied with the aforesaid judgment and award passed by the learned Commissioner, the appellant Insurance Company has filed the present First Appeal under Sec. 30 of the Workmen's Compensations Act, 1923.