SHAIKH SALIM RAMZAN Vs. ASHOK BENIRAM KOTHAWADE

JUDGEMENT

(1.) Admit. The record and proceedings is received. The present Appeal is taken for final hearing with the consent of the learned counsel for the parties.

(2.) The appellant had filed an application for compensation before the Commissioner for Workmen's Compensation at Dhule [ For short, ' the Commissioner ' ] seeking compensation of Rs. 3,11970/- on account of the injuries sustained by the appellant while driving the motor vehicle during the course of and out of an employment with respondent no. 1. The said vehicle is also owned by respondent no. 1. The same is insured with respondent no. 2.

(3.) It is the case of the appellant that he was in employment with respondent no. 1 as a driver on the vehicle i.e. Maruti Van bearing R.T.O. Registration No. MH-18/S-1854. He was getting salary of Rs. 3,500/- per month. According to the appellant, on 4/6/2005 he was driving the said vehicle on Tarabad - Satana road and one vehicle Qualis bearing R.T.O. Registration No. MH-21/B-654 came from the opposite side and gave dash to his Maruti van. The appellant suffered multiple injuries on his person. He lost the total eye sight of his right eye. The accident took place during the course of and out of an employment with respondent no. 1. According to the appellant, he was aged 30 years on the date of accident and taking into consideration 100 % disability, his age and income of Rs. 3500/- per month, the appellant claimed total compensation of Rs. 3,11,970/-.