NEW INDIA ASSURANCE CO LTD Vs. MUNA BEHERA

JUDGEMENT

(1.) THESE two appeals have been filed by the Insurer.

(2.) CLAIMANT respondent No. 1 filed an application under the Workmen's Compensation Act (in short, the "act") before the Commissioner for Workmen's Compensation, Cut tack (in short, the "commissioner") claiming Rs. 50,000/- as compensation for injuries sustained by him in an accident arising out of and in course of his employment. The accident occurred on April 12, 1993. It was claimed that the claimant was working as a Helper under present respondent No. 2 in a Truck bearing registration number OR-04-9596. It is claimed that due to the accident, the claimant sustained several injuries including fracture of left knee, left hand, injuries to neck and other multiple injuries. It was claimed that he was receiving Rs. 900/- per month as wages excluding allowance of Rs, 15/- per day towards fooding.

(3.) THE owner in his written statement while admitting about the employment, the accident and the injuries, contended that the liability, if any, should be met by the Insurance Company as the vehicle had been validly insured. It was also pleaded that the owner himself had already been paid the claimrelating to the damage in respect of the vehicle by the Insurance Company. The Insurance Company in its written statement generally denied the allegations made in the claim application.