KHUMARAM JETHARAM JAT Vs. BHIKHUBHAI P AGRAWAL

JUDGEMENT

(1.) The appeal under Section 30 of the Employees Compensation 1923 (for short "E.C. Act") is filed against the judgment and order dated 6th March, 2012 passed by Commissioner for Workmen's Compensation, Gandhidham, Kutchh in Workmen Compensation (Non Fatal) Case No.58 of 2009 where under the respondent No.2­ Insurance Company is directed to pay a sum of Rs.1,30,146/- with 9% interest from the date of the accident till realization and whereas respondent No.1 is directed to pay a sum of Rs.65,073/- being 50% of the compensation to the appellant. The appellant is not happy with the amount of compensation and therefore, he has preferred the present appeal.

(2.) The facts are not many and move in narrow compass.

(3.) The appellant was working as a Driver with the respondent No.1 on the tanker bearing istration No.GJ-12- W-8225. On 7th February, 2008 while the appellant was returning to Gandhidham from Gaziabad, the tanker met with an accident with truck bearing registration No.GJ-08-V-2008 on Bhabhar - Radhanpur Road near Sardarpur Patiya. The appellant suffered serious injuries on his right leg and other vital parts of the body. He preferred application being Workmen's Compensation (Non Fatal) Case No.58 of 2009 before the Commissioner for Workmen Compensation, Learned Labour Court Bhuj to recover Rs.6,50,730/- and as compensation with 50% thereof as penalty with 9% interest. The Commissioner by the impugned judgment and order partly allowed the application as aforesaid. The appellant is unhappy with the quantum of the compensation and rate of interest and hence, this appeal.