NATIONAL INSURANCE CO. LTD. Vs. SHAMSHAD SHAUKATALI ANSARI

JUDGEMENT

(1.) By this appeal, the appellant (original Insurer) has impugned the judgment dated 4th May, 2013 passed by the learned Commissioner under Workmen's Compensation and Judge, Eleventh Labour Court, Mumbai (hereinafter referred as "learned authority") in Application (WCA) No. 751/ C-275 of 2006 directing the appellant and the respondent no.2 (original opponent no.1) jointly and severally to pay sum of Rs.2,06,668/- with interest @ 12% p.a. from the date of completion of 30 days i.e. 13 th August, 2006 till its realization along with Rs.10,000/- by way of penalty to be paid by the respondent no.2 herein.

(2.) The respondent no.2 herein has not impugned the said judgment delivered by the Trial Court. By consent of the appellant and the respondent no.1 (original applicant), this First Appeal is heard finally at the admission stage. Some of the relevant facts for the purpose of deciding this appeal are as under:-

(3.) It was the case of the respondent no.1 that the respondent no.1 was in the employment of the respondent no.2 and while driving motor vehicle bearing registration no. M/Tempo No. MH-04-CP-2611, he met with an accident on 13th July, 2006 at Malad Western Express Highway and sustained serious injuries. The respondent no.2 was the owner of the said vehicle who had obtained insurance policy from the appellant. According to the respondent no.1, in the said accident, he suffered a fracture (Rt) Tibia Condyle of knee joint and multiple serious injuries. The respondent no.1 was admitted to Bhagwati Hospital on 13th July, 2006 and was shifted to Punit Orthopedic Surgical Hospital, Borivali on 19th July, 2006 and was discharged on 19th September, 2006.