DIVISIONAL MANAGER NEW INDIA Vs. PRAVATI KAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 25.10.1999 passed by the Commissioner for Workmen's Compensation, Cuttack, in W.C. Case No. 424 -D of 1997. By the impugned order, the Commissioner has awarded a sum of Rs. 1,90,611 under the provisions of the Workmen's Compensation Act in favour of the claimant and has directed the insurance company to deposit the amount of compensation within 30 days from the date of award.

(2.) THE case of the claimant -respondent No. 1 is that her husband late Umesh Chandra Kar was working as a driver of Trekker bearing registration No. OR 05 -B 0435 belonging to Narahari Mishra (respondent No. 2 herein and the opposite party No. 1 before the Commissioner). On 11.12.1997 at about 10 a.m., while the deceased was performing his duty as driver of Trekker, the same met with an accident, as a result of which he sustained injuries on his person and was shifted to the S.C.B. Medical College Hospital, Cuttack, where he was declared dead. According to the claimant, the accident took place in course of and arising out of the employment of her husband. At the time of the accident, the deceased was 23 years of age and was earning Rs. 2,400 per month as wages. With these pleadings, she filed the claim petition claiming total compensation of Rs. 2,00,000 from the owner as well as the insurer of the vehicle.

(3.) THE insurance company, the appellant opposite party No. 2, also filed written statement denying all allegations made in the claim petition and called upon the claimant to prove the same by producing documents.