GURDEV SINGH Vs. INDIAN RED CROSS SOCIETY

JUDGEMENT

(1.) Challenge in this appeal is to the order dated 05.05.1987 passed by the Commissioner Workmen's Compensation Act, Patiala. The appellant (hereinafter referred to as the "claimant") was working as a driver on the Ambulance Van of respondent No. 1. During the period of his service, the claimant met with an accident on 11.12.1983. As a result of the accident, the claimant suffered injuries in his right eye resulting in the loss of vision of his right eye.

(2.) The claimant filed an application under Section 92A of the Motor Vehicles Act before the Commissioner claiming maintenance allowance from the respondents. It was pleaded that as he was earning Rs. 784/- per month, had suffered permanent disability, which would prevent him from engaging in the job of driver which he used to do earlier, he was entitled to a compensation of Rs. 40,000/- under the Workmen's Compensation Act. The application was contested by respondent No. 1 and it was stated that the offending van was insured with United India Insurance Company, therefore, it is the liability of the insurance Company to pay compensation in this case. The Commissioner vide order dated 27.05.1986 directed the respondents to pay Rs. 7500/- to the appellant as immediate relief under Section 92A read with Section 92D of the Motor Vehicles Act. Thereafter, the appellant filed an application under Section. 22 of the Workmen's Compensation Act and under Rule 22 of the Workmen's Compensation Rules, 1924 for compensation. Separate replies were filed by the respondents. Respondent No. 1 in his. reply stated that the appellant was not a workmen under the Workmen's Compensation Act, he was only a casual employee. It was stated that the application was not maintainable as the respondent No. 1 did not do any business or trade. Respondent No. 2 in. his reply, denied all the material allegations levelled in the application.

(3.) On pleadings of the parties, the Commissioner framed the following issues:--