NATIONAL INSURANCE CO LTD Vs. RAJESH HOMANDGE

JUDGEMENT

(1.) This appeal is filed by National Insurance Co. Ltd., opposite party No. 2 (hereinafter called 'the insurance company'), against the order dated 31.7.92 in W.C. No. 75 of 1990 granting compensation of Rs. 1,09,235 to the respondent No. 1-applicant (hereinafter called 'the workman'). The opposite party No. 1 before the Commissioner for Workmen's Compensation (hereinafter called 'the Tribunal') is respondent No. 2 in this appeal. He is the owner of the lorry bearing No. ADT 1209 (hereinafter called 'the owner').

(2.) The brief facts necessary to dispose of the appeal are as follows: The workman while working with the owner on the lorry bearing No. ADT 1209 met with an accident on 25.5.1990 at a place falling within the territorial jurisdiction of Indupur in Maharashtra State. The lorry was covered by the insurance policy given by the insurance company. The workman sustained grave multiple injuries, and it is alleged that he totally lost his earning capacity. According to the workman, on the date of accident, he was aged 24 years and was getting a monthly salary of Rs. 1,200. In his case before the Tribunal in W.C. No. 75 of 1990, filed under the Workmen's Compensation Act, 1923 (hereinafter called 'the W.C. Act'), he claimed a compensation of Rs. 1,09,235. He alleged that the owner is not willing to pay the compensation though he was aware of the accident, and that the owner has to pay 50 per cent penalty with six per cent simple interest. The insurance company and the owner of the lorry filed their respective counters and contested the matter. However, during the inquiry, the insurance company did not cross-examine the workman before the Tribunal.

(3.) Having regard to the material on record, the Tribunal framed the following points for consideration: