UNITED INDIA INSURANCE CO LTD Vs. AKBAR KHAN

JUDGEMENT

(1.) UNITED Insurance Company is the appellant who filed the appeal challenging the award and decree passed in WC No.55 of 2002 dated 22/12/2003 on the file of the Commissioner for Workmens' Compensation and Assistant Commissioner of Labour-Ill, Hyderabad, in granting compensation of Rs.4,20,345/- for the injuries suffered by the claimant.

(2.) THE brief facts of the case are as follows: THE claimant stated that he was employed as driver on the lorry bearing No. AP 13 T 3801 in the first respondent and is a workman within the meaning of the Act. On 20.2.2002 while he was proceeding as driver on the said lorry from Thandur towards Hyderabad with load of Thandur Stones in the lorry and on reaching near Yenkepally Gate, at Culvert No.211, a RTC Bus bearing No.AP 10Z 4478 coming from opposite direction being driven by its driver in a rash and negligent manner dashed against his lorry resulting which, the applicant received grievous injuries and was shifted to Osmania General Hospital, Hyderabad for treatment and the applicant received fracture of right leg both bones, amputation of left leg big toe and other grievous injuries. THE police at Vikarabad Police Station registered a case in Crime No.30 of 2002 under Section 337 of IPC. THE applicant stated that the said accident occurred out of and during the course of employment. He stated that he was drawing wages of Rs.4,000/- per month and he was aged about 22 years at the time of accident. THErefore, he claimed Rs.5,00,000/- as lumpsum compensation against the first respondent- owner of the lorry and also against the second respondent-Insurance Company.

(3.) ON behalf of claimants, he himself examined as AW1 and Exs.A1 to A8 were marked. ON behalf of respondents none were examined but Ex.D1 insurance policy was marked.