NATIONAL INSURANCE COMPANY LTD Vs. SANATHOI

JUDGEMENT

(1.) The National Insurance Company Limited has filed this appeal challenging the Judgment and Order of the Commissioner for Workmen's Compensation, Manipur passed in Claim Case No. 22 of 2006 dated 7.7.2011. The appeal was filed on 25.4.2013, and thereafter notice was issued, however, the case has not been admitted so far.

(2.) Having heard Mr. Nirpenchandra, learned counsel appearing for the appellant/Insurance Company, the appeal is admitted on the following questions of law.

(3.) Heard Mr. H. Dijen, learned counsel appearing for the respondents. The brief facts are as follows: The respondent No. 1, workman was employed by respondent No. 2, Mrs. Elizabeth Hrangchal, to work as a handyman-cum-second driver in respect of a vehicle bearing Tata Truck registration No. MN01/5564 which was driven by a driver, namely, Mr. Ingachao (alias Ingajao) Kabui. The truck was carrying stone and on 29.10.2003 at about 9:00 a.m., when the vehicle was plying near Meijrao Saw Mill under Wangoi Police station area, it suffered an accident as a result of which respondent No. 1, employee, suffered serious head injury and other multiple injuries on his right upper limb and lower resulting in permanent total disablement. He was treated in a hospital. Despite medical treatment, he suffered disability, as a result of which he filed a claim for compensation assisted by his mother. It appears that respondent No. 2/ owner of the Truck, gave an amount of Rs. 40,000/- (Rs. Forty thousand only) at the first instance to enable him (injured employee) to take medical treatment.