UNITED INDIA INSURANCE CO LTD Vs. DAULAT SINGH

JUDGEMENT

(1.) BEING aggrieved by the order dated 22. 12,2006 passed by Commissioner for Workmen's Compensation, Labour Court, Indore in case No. 24/03, whereby the application filed by the respondent No. 1 for compensation was allowed and a sum of Rs. 85,896 was awarded on account of injuries sustained by the respondent No. 1. the present appeal has been filed.

(2.) APPEAL is admitted on the following substantial question of law: (1) Whether in the facts and circumstances of case the findings of the Commissioner for Workmen's Compensation that respondent No. 1 sustained injuries in the accident is perverse?

(3.) CASE is listed on the point of service report of respondent No. 2. Learned Counsel for the appellant submits that respondent No. 2 was ex-parte before the Court below. It is also submitted that the services of respondent No. 2 be dispensed with. Prayer is allowed. Services of respondent No. 2 are dispensed with at the risk of the appellant. Short facts of the case are that the respondent No. 1 filed a claim petition alleging that on 12. 7. 2002 respondent No. 1 was driving a jeep bearing registration No. MP. C9-S/2797, which was owned by respondent No. 2 and insured with the appellant. It was alleged that when the respondent No. 1 was driving the said vehicle and was coming from Badwah, at that time on Choral crossing the offending jeep turned down, when the respondent No. 1 tried in save a cow on the road and at that time respondent No. 1 sustained fracture in his right hand. It was alleged that respondent No. 1 was hospitalized at Indore Cloth Market Hospital, Indore from 18. 7. 2003 to 24. 7. 2003 when respondent No. 1 was operated and rod was inserted. In the claim petition it was prayed that a sum of Rs. 1,25,000 be awarded as compensation.