KAMAL KUMAR Vs. SWARNKAUR

JUDGEMENT

(1.) THIS order shall also govern the disposal of M. A. No. 2864/2005, as both the appeals are arising against the order dated 23-6-2005, passed by Commissioner for Workmen's compensation, Labour Court, Mandsaud, in Case no. 6/2003 W. C. N. F. M. A. No. 1504/2006, is filed by claimant while M. A. No. 2864/2005 has been filed by respondent No, 1.

(2.) SHORT facts of the case are that the appellant kamal Kumar, filed a claim petition alleging that on 11-4-1997 appellant Was working as cleaner on a truck, bearing registration No. MP. 09 K 4334, which was owned by respondent No. 1. It was alleged that appellant was earning Rs. 2,400 per month, which was being paid by respondent No. 1. It was alleged that appellant was aged 23 years at the time of accident. Further case of appellant was that one Umrao Singh Ahirwar was the driver of the offending truck, which was insured with respondent no. 2. It was alleged that when the truck was coming from Ratlam to Neemuch, at about 05:00 a. m. at that time a bus, which was going towards neemuch bearing registration No. MP. 14 A-4377, dashed the truck in which appellant was travelling as cleaner, with the result appellant sustained grievous injuries in his leg, Appellant was brought to Government Hospital Mandsaur, from where appellant was referred to. Udaipur and Ahemdabad. Further case of appellant was that looking to the grievousness of the injuries, right leg of the appellant was amputated above the knee. It was alleged that since the offending vehicle was insured with respondent No. 2 and appellant was under employment of respondent No. 1, who. sustained 100% disablement, therefore, a sum of Rs 3,35,000 be awarded along with interest @ 12% p. a. and penalty.

(3.) THE case proceeded ex-parte against respondent No. 1. Respondent No. 2 contested the case. After framing of issues and recording of evidence learned Court below allowed the claim petition filed by the appellant holding that income of the appellant was Rs. 2,000 p. m. After deducting 50% of the amount of the salary and after assessing loss of earning capacity. @ 70%, multiplied by 219. 95. Learned Court below awarded a sum of Rs. 1,53,965 along with interest 12%. p. a. w. e. f. 11. 4. 1997 and also awarded penalty @ 50%. Being aggrieved by the amount awarded by the learned tribunal the present appeal has been filed. While m. A. No. 2864/2005, was filed by respondent No. 1, wherein respondent No. 1 has challenged the liability of interest and penalty.