NATIONAL INSURANCE COMPANY LTD Vs. ZEPNAL

JUDGEMENT

(1.) THIS is an appeal filed by the Insurer (National Insurance Company) N A -2 under Section 30 of the Workmen's Compensation Act (for short called the Act ) against the award dt 08.09.2009 passed by Commissioner in Claim Case No.16 of 2005.

(2.) BY impugned award, the Commissioner Workmen's compensation partly allowed the claim petition of the claimant filed under Section 19 of the Act claiming compensation for the injuries sustained by the claimant in the accident during the course of his employment and arising out of the employment and awarded to him the total compensation of Rs. 4,75,818/ -(Rupees Four Lakh Seventy Five Thousand Eight Hundred and Eighteen) by passing the award against the employer (Respondent no 2 ) and the appellant herein .

(3.) FACTS of the case lie in a narrow compass. On 31.3.2005, the claimant (respondent no 1) working as helper/conductor in one passenger Bus (Tata) was going on national high way no 53.It was owned by Respondent No.3 and insured with appellant. When it reached near one coffee farm and was proceedings towards a place called Noney, it met with an accident. It is in this accident, the claimant suffered injuries on his left ankle joint, spinal cord and left shoulder. Since the injuries were sustained by the claimant while he was in the employment of his employer (respondent no 2 ) and also they arose out of his employment, he filed a claim petition out of which this appeal arises against his employer ( respondent no 2 ) and insurer of the vehicle ( Tata Bus ) ­ the appellant herein claiming compensation for the injuries sustained by him in the accident . The non applicants to a large extent admitted the factum of accident so also the factum of receiving the injuries by the claimant and also the fact that the vehicle was insured with the appellant ­ (company). In substance their contention was that the injuries being not the scheduled one, he was not entitled to claim any compensation.