NEW INDIA ASSURANCE CO LTD Vs. NATHA DAS

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 ORJ 5213 belonging to respondent No. 2. The said truck met with an accident on June 20, 1994. Due to such accident respondent No. 1 sustained several injuries and was hospitalised. Claim application was filed before the Commissioner demanding compensation on the ground that the claimant had sustained injuries in an accident arising out of and in course of employment.

(3.) THE owner in his written statement while admitting the employment and the accidental injury sustained by the claimant disputed other averments including the averments relating to monthly wages, age and gravity of injuries of the applicant. It was claimed that since the vehicle has been insured with the present appellant, compensation, if any, should be paid by the Insurance Company.