DIVISIONAL MANAGER UNITED INDIA Vs. BHAGABAN DAS

JUDGEMENT

(1.) THIS is an appeal by the insurer, the United India Insurance Co. Ltd. under Section 30 of the Workmen's Compensation Act, 1923 against the order of the Commissioner for Workmen's Compensation, Orissa, Cuttack, the Joint Labour Commissioner, Orissa at Bhubaneswar, awarding a sum of Rs. 37,091.60 as compensation and directing the appellant to deposit the above amount, etc.

(2.) THE short facts leading to the present appeal are that while claimant -respondent No. 1 was working as a labourer on the truck No. AXX 4877 belonging to Pritam Singh, the respondent No. 2, he sustained fractures on his right forearm, dislocation of right shoulder joint, grievous injuries on his right forehead and other injuries on account of the accident on 29.12.1990 at 4.20 p.m. near Talakhota Chhak on the National Highway No. 5 under Jatni Police Station. It is claimed that the accident and the resultant injuries were occasioned in course of his employment. The claimant alleged that as a labourer of the said truck he was getting Rs. 900 per month towards his wages and was aged 25 years at the time of the accident and due to the accident he became permanently disabled and unemployed. The owner of the truck was impleaded as opposite party No. 1 and the insurer United India Insurance Co. Ltd. as opposite party No. 2.

(3.) THE claimant examined 8 witnesses including himself and filed some documents like certified copies of F.I.R., charge -sheet, seizure list, zimanama and M.V.I. Report marked as Exhs. 1 to 5 respectively, the original outdoor ticket from S.C.B. Medical College and Hospital, Cuttack, marked as Exh. 6, the original prescriptions were marked as Exhs. 7 to 9. The claimant also filed disability certificate marked as Exh. 10 from the treating physician and the X -ray plate marked as M.O.I.