UNITED INDIA INSURANCE COMPANY LTD Vs. VIJAY KUMAR

JUDGEMENT

(1.) This appeal has been filed by the appellant challenging the order dated 31.08.2010 passed by the Commissioner, Workmen's Compensation Act, Circle, Hissar (hereinafter referred to as 'the Commissioner').

(2.) It is case of the claimant (respondent herein) that on 31.01.2003, he was driving the truck started from Gantour after loading the cotton bales. The truck was unloaded at Bandi, Himachal Pradesh. At that time, Dilbag Singh was Conductor on this truck. When the truck reached near Wasim District (Maharahstra) in the intervening night of 31.01.2003 and 01.02.2003 at about 12.00 o' clock, all of a sudden Kamani of the truck broke down and truck turned turtle and as a result of that, the claimant received multiple serious injuries including the fracture upon right leg. He was medico legally examined in the hospital at Wasim District and remained admitted in Chawla Nursing Home Hisar from 06.02.2003 to 16.02.2003. While in hospital, operations were performed and an amount of Rs.1,50,000/- was spent on treatment, medicines and special diet etc. An attendant and separate transport was also required to be arranged. The claimant became permanent disabled and was unable to do the job of driver. The claimant claimed his age to be 38 years and at that time, he was earning Rs.5,000/- per month plus Rs.60/-per day as pocket expenses and thus totaling Rs.7,800/- per month.

(3.) It has been submitted that the accident has taken place during the course of employment with respondent No.1. After accident, the claimant filed the claim petition under Section 163-A before the MACT Hisar but the same was got dismissed as withdrawn due to some technical defects and, thereafter, an application under Workmen's Compensation Act was moved on and a separate application for condonation of delay was also filed.