NATIONAL INSURANCE CO LTD Vs. JAGDISH DHANNALAL MALVIYA

JUDGEMENT

(1.) BEING aggrieved by the order dated 13. 1. 2005 passed fay Commissioner for workmen's Compensation, Labour Court, Indore in case No, (103/99 WCNF, whereby the claim petition filed by respondent No. 1 for compensation on account of injuries sustained by respondent No. 1 was allowed and a sum of Rs. 33,621 was awarded, the present appeal has been filed.

(2.) THE appeal is admitted on the following substantial questions of law:

(3.) SHORT facts of the case are that respondent No. 1 filed a claim petition alleging that respondent No. 1 was in the employment of respondent No. 2 as driver of the truck on monthly salary @ Rs. 1000 per month. It was alleged that respondent No. 2 was owner of the truck bearing No. MP09 D 2713 which was insured with appellant. It was alleged the on 9. 3. 1991 when the respondent No. 1 was going from Bombay to Sendhwa on the offending truck at that time the said truck met with an accident with tanker, with the result respondent No. 1 sustained head injuries and also fracture in his right leg. Respondent No. 1 was hospitalized at narmada Hospital, Dhule from where respondent no. 1 was brought to Indore Cloth Market Hospital. It was alleged that respondent No. 1 was operated and plate was inserted. It was alleged that age of respondent No. 1 was 25 years at the time of accident. It was also alleged that because of the accident, respondent No. 1 sustained permanent disability and was not fit for driving the truck. The claim petition was initially filed on 24. 12. 1992 before the Commissioner for Workmen's Compensation, dhule in the State of Maharashtra which remained pending till 21. 10. 1999. On the request of respondent No. 1, the case was transferred from dhule-to Indore. The case proceeded ex-parte against respondent No. 2, however the case was contested by the appellant. In the written statement filed by the appellant all the facts relating to accident were denied.