NEW INDIA ASSURANCE CO LTD Vs. SUDARSAN SAMAL

JUDGEMENT

(1.) THE New India Assurance Company Ltd. filed this appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') challenging the judgment of the Joint Labour Commissioner-cum-Commissioner for workmen's Compensation, Bhubaneswar in W. C. Case No. 38 of 1991 awarding compensation of Rs. 1,03,990/- to respondent No. 1 and directing the appellant to pay the entire amount.

(2.) THE factual backdrop of the case relevant for disposal of the appeal may be stated thus: Sudarsan Samel respondent No. 1 was employed as driver of the tipper-truck bearing registration No. OSD 250 owned by respondent No. 2m/s. B. Engineers and Builders and insured by the appellant. On July 24, 1989 when the respondent No. l was driving the vehicle, he met with an accident in which he was seriously injured. He was treated initially at Kenduguda Public Health Centre and when his condition deteriorated he was shifted to M. K. C. G. Medical College Hospital, Berhampur. He remained as an indoor patient in the hospital from July 25, 1989 to August 22, 1989. Thereafter he underwent treatment in Lokanath Nursing Home, Cuttack and then at NIRTAR, Olatpur. The injured sustained crushed compound fracture of tribia and fibula, fracture of femaral shaft, lacerated wound on the left ankle joint and multiple injuries on other parts of his body. On account of the injuries sustained, his right leg was shortened by 1 1/2 inch and there was malunion of right tibia. In the circumstances the respondent No. 1 claimed compensation on the basis of the total disablement and cent percent loss of earning capacity,

(3.) THE employer-respondent No. 2 neither filed written statement nor contested the case. He however filed a copy of the Insurance Policy. The appellant-Insurance Company filed written statement generally denying the allegations in the claim petition and disclaiming its liability for compensation. The claimant was examined as P. W. 1 and the doctor Sudhir Kumar Mohapatra, Clinical Tutor of Orthopaedic, M. K. C. G. Medical College Hospital, Berhampur was examined as P. W. 2 Several documents were filed on behalf of the claimant. No evidence was adduced on behalf of the appellant.