UNITED INDIA INSURANCE CO. LTD. Vs. RADHASYAM ROUT

JUDGEMENT

(1.) The Insurance Company has filed this appeal challenging the award of the Commissioner for Workmen's Compensation, awarding a sum of Rs. 40,539.60 in favour of claimant-respondent No. 1.

(2.) The claimant had filed W.C. Case No. 873-D/93 before the Commissioner for Workmen's Compensation, Cuttack, on the allegation that while he was performing his duty on 23.6.1992 as a helper of the truck bearing registration No. ORY-1770 belonging to the present respondent No. 2 and helping the welder at the time of repair of the truck, suddenly the gas pipe burst as a result of which, he sustained injury in the belly resulting in amputation of fingers. It is further stated that the accident arose out of and in course of an employment. The owner of the vehicle, present respondent No. 2, pleaded that the vehicle was covered with the present appellant and, as such, liability if any, should be fixed on the Insurance Company. The Insurance Company in its written statement denied about the allegations.

(3.) The Commissioner for Workmen's Compensation, on an assessment of the evidence on record held that the claimant was working as a helper in the truck under the present respondent No. 2 and it was further found that the accident arose out of and in course of employment. Assessing the loss of earning capacity to be 40% and taking the income of the claimant to be Rs. 900.00 per month by applying the relevant factor, the Commissioner has awarded a sum of Rs. 40,539.60. Since the truck was insured, the Commissioner has directed the Insurance Company, the present appellant, to pay the amount to the claimant- respondent.