DIVISIONAL MANAGER ORIENTAL Vs. MAHENDRA GHADEI

JUDGEMENT

(1.) THE judgment/award passed by the Commissioner for Workmen's Compensation -cum -Asst. Labour Commissioner, Cuttack in W.C. Case No. 625 -D of 1999 is sought to be challenged in this appeal filed under Section 30 of the Workmen's Compensation Act by the Divisional Manager, Oriental Insurance Company Ltd. Though the case was listed for admission, with the consent of the learned counsel for the parties, the same is finally heard and disposed of.

(2.) MAHENDRA Ghadei, respondent No. 1, a helper employed by one Mamata Pradhan, respondent No. 2, the owner of Mini Truck bearing registration number OR -02 -C -5840, filed an application claiming compensation for the injuries sustained by him, in a road accident occurred in course of his employment. The said application was registered as W.C. Case No. 625 -D of 1999. According to the claimant, on 27.8.99 at about 1 A.M. when he was proceeding in the aforesaid Mini Truck towards Bhubaneswar, near Iginia Chhak, the said Truck collided with another Truck and as a result of the accident, the cabin of the Mini Truck was completely damaged and the claimant sustained severe fracture of his right leg along with multiple injuries all over the body. As a result of the injuries which were sustained out of and in course of his employment, he was not only subjected to great pain and hardship, but also was physically disabled thereby losing his earning capacity.

(3.) TO substantiate his case, the claimant examined himself as P.W. 1, the treating physician as P.W. 2 and exhibited several documents including the documents seized by police and the documents relating to the treatment in the hospital.