DHIYAN SINGH Vs. GULZAR AHMED

JUDGEMENT

(1.) In order to challenge the award dated 31.1.1994 of the Commissioner for Workmen's Compensation, Kaithal and Kurukshetra, the workman Dhiyan Singh has filed this appeal. This appeal was earlier allowed by Hon'ble Mr. Justice S.S. Sudhalkar vide judgment dated 21.12.1999. However, his Lordship vide order dated 31.7.2001 passed in C.M. No. 5136-CII of 2001 has ordered the rehearing of the appeal as Mr. Munishwar Puri, counsel for the insurance company was not served notice of the date of hearing, i.e., 21.12.1999. In this backdrop the appeal has been listed for hearing before me.

(2.) The facts giving rise to the appeal are that the appellant was working as a driver with respondent No. 1 on vehicle No. HR-07 2607. The vehicle was insured with respondent No. 2. On 11.1.1991 at about 6 p.m. while the appellant was coming back from Pehowa to Shahabad while driving the vehicle, when it met with an accident. Resultantly, the right hand of the appellant below shoulder joint had to be amputated. The appellant, was allegedly 23 years of age at the relevant time and was getting Rs. 1,000 as his monthly salary.

(3.) A claim petition was filed by the workman before the Commissioner for Workmen's Compensation, Kurukshetra (hereinafter for short 'the Commissioner'), who awarded Rs. 86,764 as compensation considering the disability of the workman as 80 per cent and the liability to pay the compensation was laid on the insurance company. However, no penalty or interest was allowed by the Commissioner.