DIVISIONAL MANAGER NEW INDIA Vs. BISWESWAR PRADHAN

JUDGEMENT

(1.) THIS appeal under Section 30 of the Workmen's Compensation Act is brought by New India Assurance Company Limited, Cuttack challenging judgment of learned Commissioner for Workmen's Compensation -cum -Assistant Labour Commissioner (Dhenkanal), Angul (for short 'the Commissioner') in W.C. Case No. 12 of 1995 awarding a sum of Rs. 67,200/ - towards compensation in favour of the Claimant.

(2.) CLAIMANT who is Respondent No. 1 herein made application to the learned Commissioner claiming compensation on account of injuries sustained by him in a motor vehicle accident involving offending truck bearing registration No, OR 15 -A 3095 owned by Respondent No. 2 in course of his employment under him as helper for which he was hospitalised for his medical treatment in support of which he filed documents.

(3.) ON behalf of appellant, learned Advocate Mr. P. Roy has contended that Claimant having sustained no injury in the accident in question, learned Commissioner's finding that accident arose out of and in course of his employment has totally gone wrong. That apart, learned Commissioner has failed to assess the loss of earning capacity of the Claimant.