NATIONAL INSURANCE CO.LTD. Vs. SAKTI BEHERA

JUDGEMENT

(1.) The judgment dated 29.8.2006 passed by the Commissioner for Workmens Compensation -cum -Assistant Labour Commissioner, Cuttack in W.C. Case No.33 -D/05 is assailed by the appellant -National Insurance Company Ltd., under Section 30 of the Workmens Compensation Act.

(2.) SAKTI Behera, the applicant -respondent No.1 was employed as a driver in a truck bearing registration No.ORY -5997 belonging to opposite party No.2. On 28.10.2004 while proceeding in the said truck it developed some mechanical trouble and he parked the truck on the roadside. At that juncture of time another vehicle coming from opposite direction dashed against the applicant -respondent No.1 thereby causing grievous injuries all over his body and including the fracture injuries on both of his hands. He was immediately shiftedto Dangadi P.H.C. Due to serious condition of his health he was referred to S.C.B Medical College and Hospital, Cuttack. In spite of best and prolonged treatment it was alleged he was not cured and became disabled. According to the said applicant -respondent he was 28 years on the date of accident and was earning Rs 4,000/ - per month as a truck driver excluding food allowance. He filed the aforesaid W.C Case claiming compensation to a tune of Rs.5,50,000/ -.

(3.) TO substantiate his case the applicant filed certifIed copy of the F.I.R, charge sheet, injury report, three Zimanamas, discharge certificate of the S.C.B Medical College and Hospital and bead head tickets, certifIed copy of driving licence, prescriptions of the treating physician, disability certificate, X -ray films, a series of medical bills and pathological reports which were marked as Exts.1 to 10 and M.Os.1 to 3. The applicant also adduced oral evidence.