NEW INDIA ASSURANCE CO LTD Vs. KALANDI MOHARANA

JUDGEMENT

(1.) INSURER is the appellant in this appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act' ).

(2.) A motor vehicle fitted with rig bearing registration No. ORK 2442 was on commission on October 13, 1989. At about 9 a. m. injured workman got up the ladder to fix a pipe to the rig. Before such fixation, driver of the vehicle started the rig as a result of which workman fell down first on another workman and thereafter on the stony surface of the ground. As a result of such fall, he sustained injuries. On account of such injuries, he made an application under the Act to the Commissioner for compensation.

(3.) OWNER of the vehicle admitted employment, monthly wages and the injuries on account of accident in course of and arising out of employment. Only age of the workman was disputed. Insurer denied its liability.