NATIONAL INSURANCE CO LTD Vs. MANUHORAM IMOCHOUBA SHARMA

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 04.10.99 passed by the Commissioner for Workmen's Compensation, Manipur at Imphal in claim case No. 4/99 awarding the applicant/respondent a sum of Rs. 8,21,000/- (Rs. 8 lakhs and 21 thousands) only with a simple interest at the rate of 12 per cent per annum for the period from 28.12.98 to the date of depositing the amount.

(2.) The respondent No. 1 as the applicant filed an application before the Commissioner for Workmen's Compensation, Manipur at Imphal claiming compensation against the respondent No. 2 and the present appellant who were arrayed as opposite parties No. 1 and 2 in the claim application. The story narrated in the application was that the respondent No. 1 was a workman under the opposite party No. I/respondent No. 2 in the capacity of a Driver. On 01.02.98 he received injuries on his right eye and because of the said injuries his right eye was completely damaged resulting in loss of right eye sight. According to the applicant his right side face was also disfigured. The applicant sustained the injuries while driving the vehicle, a Tata Sumo bearing registration No. AS-01/F-8283 owned by the opposite pary No. 1/respondent No. 2. The applicant sustained the injuries during the course of his employment.

(3.) In the claim application the applicant/ respondent No. 1 claimed compensation of Rs. 8,28,000/- under different heads as provided for in the second Schedule to the Motor Vehicles Act, 1988. They were as follows : <FRM>JUDGEMENT_435_GAULT3_2005Html1.htm</FRM>