UNITED INDIA INSURANCE COMPANY LIMITED Vs. SHAIK HUSAIN

JUDGEMENT

(1.) This is an appeal by the Insurance Company aggrieved by the Award passed under the Workmen's Compensation Act, 1923 (hereinafter referred to 'the Act') in W.C. No. 1270/95 N.F., dated 16th October, 1997.

(2.) As per the application averments, the applicant, who is the 1st Respondent in the appeal, filed the application under Section 22 of the Act claiming a compensation of Rs. 1.20 lakhs together with interest at the rate of 24% per annum with costs and penalty for the personal injuries sustained by him during the course of his employment under the 1st Respondent before the lower authority. The Insurance Company i.e., the 2nd Respondent before the lower authority is the present appellant. It is stated in the application that the applicant was working as a cleaner-cum-worker on the jeep bearing No. AP25-T-481 under the 1st Respondent. He was being paid Rs. 1800/- per month as salary and Rs. 50/- per day as Batta. While the applicant was in his employment on 1-7-1994, while the vehicle was going from Indalwai towards Dharpally side and when the jeep reached at Moddula Adavai, the driver of the jeep drove the vehicle rashly and negligently and lost control over it, because of which the jeep turned turtle causing fractured injuries to both the legs of the applicant apart from other injuries to the chest, hands, head and other parts of his body. The applicant-injured was admitted in local Government Hospital at the first instance and later shifted to the Government Hospital, Nizamabad, where he was treated by the Government Doctors. The applicant incurred an expenditure of Rs. 40,000/- so far and requires further expenditure towards his treatment. The accident took place during the course of his employment under the 1st Respondent, who is the owner of the vehicle, which was insured with the 2nd Respondent. Hence the claim for awarding compensation.

(3.) A counter has been filed by the 2nd Respondent disputing the claim made by the applicant and putting him to prove the allegations.