NEW INDIA ASSURANCE COMPANY LIMITED Vs. MOHAMMAD ASLAM

JUDGEMENT

(1.) Heard the learned counsel for the insurer Appellant. The appellant has filed the present appeal under Section 30 of the Workmen's Compensation Act feeling aggrieved by the award of the Workmen's Compensation Commissioner determining an amount of Rs. 1,80,055/- as compensation to which the injured workman was found entitled to on account of his having suffered grievous injuries resulting in permanent disablement while engaged as a driver of the offending motor vehicle holding further that the accident has actually arisen out of and in the course of the employment of the injured workman.

(2.) It may be noticed that in support of his claim, the injured workman had examined himself as a witness and has placed reliance upon the various documentary evidences including the injury report and the X-ray report. He had also stated that he continued to remain under treatment for a period of eight months on account of the grievous injuries which he had suffered on his right hand which had been fractured at three places and could not be moved efficiently. On the date his deposition was recorded, it was asserted that he could not turn his right hand properly and he was unable to work properly.

(3.) His statement in the examination-in-chief in regard to the nature of the injuries suffered remained uncross examined. Further the deposition of the injured workman to the effect that the accident had occurred out of and in the course of his employment and he was getting wages of Rs. 3,500/- per month also, remain uncross examined.