NATIONAL INSURANCE COMPANY LTD Vs. M SHYAM PRASAD

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the National Insurance Company Limited, under Section 30 of the Workmen's Compensation Act, 1923, aggrieved by the award of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-1, Hyderabad, passed in W.C.Case No.131 of 2004.

(2.) For the purpose of convenience, I refer the parties herein as arrayed before the Tribunal below.

(3.) The first respondent herein who was claimant before the Tribunal below, filed application, claiming compensation of Rs.4,00,000/-, under the provisions of the Workmen's Compensation Act, 1923. The said claim was made on account of personal injuries suffered by him accidentally on 1 -10-2003. As stated in the claim application It was his case that he was employed by the first Opposite Party as driver on his vehicle, i.e. Tata Sumo No. AP 15 V 5701, which was insured with Opposite Party No.2, on monthly wage of Rs.3,500/-, apart from daily batta of Rs.1 OO/-. It was stated in the application that on 1-10-2003, during the course of employment, when the applicant was driving the said vehicle, and, when he was proceeding from Guntur to Rayadurgam in Anantapur District, he lost control over the vehicle and dashed to the lorry bearing Registration No. AP 02V 2854,which was parked on the road side, and, in the said accident, he suffered multiple injuries including fracture to ribs, nasal bone etc. It was his case that immediately after the accident, he was shifted to Sanjeevini Orthopaedic and Physiotherapy Hospital, Guntur, and thereafter for better treatment, he was shifted to Kakinada Hospital. It was stated that on account of injuries suffered by him in the said accident, he suffered physical disability, and, he is not able to breath normally, unable to walk longer distance, and in spite of his request with the Opposite Parties to settle the compensation, they did not settle the compensation. On the said ground, he claimed compensation of Rs. 4,00,000/-, before the Tribunal below, together with attendant benefits.