NATIONAL INSURANCE CO LTD Vs. SURESH PAL

JUDGEMENT

(1.) The present Letters described as 'the appellant'). Patent Appeal is directed against the judgment of the learned single Judge dated

(2.) Relevant facts are that respondent 26.8.1997. The learned single Judge of Suresh Pal submitted his claim applicationthis court relying upon the decision of this asserting that he was engaged by Naresh court in Letters Patent Appeal No. 224 of Kumar as driver of his vehicle. The same 1996 dismissed the F.A.O. filed by the was being used as a taxi. On 20.4.1992 National Insurance Co. Ltd. (hereinafter while he was on duty and driving the above said vehicle, he reached near Sardar Cold Storage on Jagadhri Road and met with an accident with the result that his right leg from thigh to ankle was completely damaged. Asserting his age to be of 26 years and that he has suffered permanent disability of his right leg, he claimed Rs. 1,00,000 as compensation along with penalty of Rs. 50,000. The claim was contested and the Commissioner under the Workmen's Compensation Act at Yamuna Nagar burdened the appellant with compensation and also penalty to the extent of 20 per cent of the amount of compensation in view of section 4-A of the Workmen's Compensation Act besides interest up to the date of realisation of the claim.

(3.) Aggrieved by the same, the appellant has preferred First Appeal against Order (F.A.O.). The learned single Judge on 26.8.1997 dismissing the appeal recorded as under: