JAGDISH Vs. ARUN PERFUMERY WORKS

JUDGEMENT

(1.) THIS is an appeal under Section 30 of the Workmen's Compensation Act (hereinafter referred to as 'the Act') filed by the appellant workman against the order dated 19. 10. 1987 passed by the Commissioner for Workmen's Compensation, Indore in Claim Case No. 171 of 1981 whereby the learned Commissioner has awarded to the appellant a sum of Rs. 3,024/- as compensation.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows: On 19. 2. 1981, the date of the accident, the appellant was driving the delivery-van No. CPB 644 in the course of his employment as a driver of the said vehicle which was owned by respondent No. 3 and engaged in the work of the firm, respondent No. 1. While the van was coming back from Mahidpur to Indore, after making the delivery of goods at Mahidpur, it turned turtle near Sanwer as the driver tried to save a cyclist from accident. As a result of this accident the appellant's right leg got fractured and the appellant had to undergo medical treatment for a period of four months in M. V. Hospital, Indore, where his right leg was put under plaster twice. Even after recovery, the driver acquired disablement in his right leg rendering him unfit as a driver of motor vehicle. As such, he left the job of driver and is doing the job of chowkidar.

(3.) THE appellant filed a claim petition before the Commissioner for Workmen's Compensation, Indore, against the employer, owner of the vehicle and the insurance company, respondent No. 2 which had insured the owner, respondent No. 3, in respect of the offending vehicle during the relevant period. The respondents resisted the claim of the appellant-claimant.