NEW INDIA ASSURANCE CO LTD Vs. SANKARSANA DALAI

JUDGEMENT

(1.) THIS appeal under Section 30 of the Workmen's Compensation Act (in short, the 'act') at the instance of the Insurance Company is directed against the award of the Workmen's Compensation Commissioner (in short, the 'commissioner'), Bhubaneswar, in W. C. Case No. 62 of 1996.

(2.) THE claimant respondent No. i claims that he was working as a coolie under the owner of the truck bearing registration No. O. S. C. 4616. It is alleged that the truck met with an accident on May 13, 1992, as a result of which the claimant sustained severe injuries on his head in the said accident arising out of and in course of his employment. The very same claimant had earlier filed a claim application before the Commissioner, Cuttack, but the said claim application was withdrawn. The owner while admitting about the accident and the employment of the present claimant, contended that the monthly income of the claimant was Rs. 900/- and further contended that the compensation, if any, should be paid by the Insurance Company as the vehicle had been insured. The Insurance Company filed written statement denying in general the various allegations made in the claim application and called upon the claimant to prove his case.

(3.) THE Commissioner found that the claimant was a workman and had sustained injuries in an accident arising out of and in course of employment. Assessing the loss of earning capacity at 40%, monthly income at Rs. 900/- and the age of the claimant at 25 years, the Commissioner awarded a sum of Rs. 39,044/- and directed that the same should be paid by the Insurance Company.