ORIENTAL INSURANCE CO LTD Vs. NANGULI SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the insurer under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') against the decision of the Workmen's Compensation Commissioner, Cuttack (for short 'the Commissioner') awarding a compensation of Rs. 1,03,990/to respondent No. 1, Nanguli Singh, and directing the appellant to pay the same.

(2.) RESPONDENT No. 1 was working as a driver under the respondent No. 2. On May 19, 1987, at about 9 a. m. , while he was driving the car bearing registration No. ORS 4462 belonging to his master on National Highway No. 5 at Satapolia Bridge, the truck bearing registration No. AEK 6393 coming from the opposite direction at a very high speed dashed against the car due to which he sustained injuries all over his body including in his right eye and fractured both the 2 bones of his right leg. Claimant aged 25 years and getting a wage of Rs. l,200/p. m. claimed compensation of Rs. 1,00,000/ -.

(3.) BOTH the appellant and Respondent No. 2 2 entered contest. The respondent No. 2 while admitting the accident and the injuries received by respondent No. 1 in the accident, denied the allegation of respondent No. 1 that he was getting a monthly wage of Rs. l,200/. According to 2 her, the monthly wage of Respondent No. 1 was Rs. 1,000/ -. She claimed to be indemnified by the appellant in the matter of payment of compensation to Respondent No. 1 on the ground that the vehicle had been validly insured with the appellant. The appellant, while denying the allegations of the respondent No. 1, called upon him to prove the same, but it did not dispute that the car in question had been validly insured with it.