DIVISIONAL MANAGER NEW INDIA Vs. BABULI PEREI

JUDGEMENT

(1.) The Insurance Company has filed this appeal under Section 30 of the Workmen's Compensation Act against the award of the Workmen's Compensation Commissioner (in short, the 'Commissioner') granting' compensation to respondent No. 1.

(2.) RESPONDENT No. 1 was a Coolie engaged in truck bearing registration number O.R.J. 5213 belonging to respondent No. 2. The said truck met with an accident on 30.4.1994. Due to such accident respondent No. 1 sustained several injuries and was hospitalised. Claim application was filed before the Commissioner claiming compensation on the ground that the claimanthad sustained injuries in an accident arising out of and in course of employment.

(3.) THE Commissioner found that present respondent No. 1 was engaged as a workman in the truck in question of the present respondent No. 2 and had sustained injuries in an accident arising out of and in course of employment. Considering the loss of earning capacity and the monthly wages of the claimant and the age, the Commissioner awarded a sum of Rs. 24,402/ - and directed that the said amount should be paid by the Insurance Company.