NEW INDIA INSURANCE COMPANY Vs. HARVINDRA

JUDGEMENT

(1.) HEARD Shri S. K. Rao, Counsel for the appellant and Shri R. K. Gupta, counsel for the respondents.

(2.) THIS is an appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the Act) against the award dated April 9, 1992 passed by the Commissioner for Workmen's Compensation, Jabalpur in Case No. WC/ 78 of 1990 (N. F.) awarding compensation of Rs. 27, 493/-, to the claimant / Respondent No. 1 and cost of Rs. 150/- within 30 days, in default to pay penalty @ 15% and to pay interest @ 12% on the compensation amount under Section 4-A of the Act.

(3.) THE claimant/respondent No. 1 moved an application before the Commissioner for Workmen's Compensation for grant of compensation on the ground that he was an employee of Respondent No. 2 and in course of his employment on April 12, 1990 he was driving Truckno. MBK-25, belonging to the Respondent; No. 2, from Mahasamund to Raipur. While on Ring Road when he was trying to save a cyclist, who was going along with the road a truck coming from the opposite direction dashed against him, as a result of which he suffered permanent disability on his right hand. The Commissioner for Workmen's Compensation, after considering the evidence adduced in the case, awarded compensation to the claimant/respondent No. 1 as mentioned above.