NEW INDIA ASSURANCE CO LTD Vs. IMTIAZ AHMEAD

JUDGEMENT

(1.) Both the Civil Miscellaneous Appeal and Cross-Objections are directed against the order, dated 18-12-2001 in W.C.No.43 of 2000 (NF), on the file of the Commissioner, Workmen's Compensation and Assistant Commissioner of Labour, Nizamabad (for short 'Labour Court').

(2.) Brief facts of the case are that the claimant is driver under the 2nd respondent. On 2-11-1998 while the claimant was proceeding with the lorry bearing No.GRR- 4768 from Ramapuram to Karimnagar, and when he reached outskirts of Pullur village, at about 9 p.m., he could not control his vehicle, as a result of which, the lorry turned turtle and he sustained fracture to his right hand and finger, injuries to his head and all over his body. The Police of Manpadu registered a case is Crime No.82/1998 under Section 337 of the Indian Penal Code. The injured was shifted to the Kurnool Government Hospital and was treated for three days. He spent Rs.40,000/- for medical expenditure. The injured is aged about 23 years and is earning Rs.4,000/- per month by the time of accident. Therefore, he filed application before the Labour Court claiming compensation of Rs.2,00,000/- from the Insurance Company, who is the appellant herein and the 2nd respondent.

(3.) In support of his claim, the claimant examined himself as P.W.1 and got examined Dr. L. Ramulu as P.W.2 to prove his injuries and marked Exs.A-1 to A-10 on his behalf. No oral or documentary evidence is adduced on behalf of respondents therein.