ANWAR HUSSAIN Vs. KHALIF MOHD

JUDGEMENT

(1.) The claimant-appellant has directed this appeal against the order dated 30.6.97 passed by Workmen's Compensation Commissioner, Indore, in W.C. Case No. 46 of 1987, thereby awarding total compensation of Rs. 25,660 together with interest at the rate of 6 per cent per annum from the date of the alleged accident till realisation and 50 per cent by way of penalty under section 4-A of the Workmen's Compensation Act.

(2.) The facts of the case lie in a narrow compass. The appellant was employed as driver by the respondent No. 1 for driving of his truck bearing registration No. GRQ 5569. On 4.10.1986. the appellant met with an accident during the course of the employment and sustained grievous injuries on his right leg resulting into 30 per cent permanent disability on his right leg. The appellant, after service of notice on the employer, demanding compensation, filed an application before the Commissioner, Workmen's Compensation at Indore, for award of the compensation. The learned Commissioner, on hearing the parties and evaluating the evidence on the record, partly allowed the application and awarded compensation in favour of the appellant as indicated above taking into consideration 25 per cent physical disability found on the right leg of the appellant as a result of the said accident. Aggrieved, the appellant has filed this appeal for enhancement of compensation assessing the same on the ground of disability in the earning capacity suffered by the claimant as a result of the said accident.

(3.) The respondent No. 2, insurance company by filing a cross-objection, has challenged the impugned order of the Commissioner, holding the insurance company also liable to pay the amount of penalty imposed on the employer under section 4-A of the Workmen's Compensation Act. The alleged cross-objection was filed after the expiry of the prescribed period of limitation along with I.A. No. 6413 of 1998, for condonation of the delay.