ORIENTAL INSURANCE COMPANY Vs. BRIJ LAL

JUDGEMENT

(1.) Award dated 23.12.2010 passed by learned Commissioner (SDM) under Workmen Compensation Act, Sarkaghat, District Mandi, H.P. in an application under Sec. 22 of the Act, registered as case No. 4/06, is under challenge in the present appeal.

(2.) Respondent No. 1 herein is the claimant. He was driving truck No. HID-4318 of respondent No. 2 Ramesh Chand. On 103.1998, the truck while on its way from Dehar to Kala Amb loaded with Khair wood met with an accident near tax barrier at Nahan, District Sirmour, H.P. The retaining wall of the road collapsed when the petitioner was giving pass to another vehicle. As a result thereof, the truck fell down and the petitioner received multiple injuries, grievous in nature on his person including head injury. He remained hospitalized at Nahan and PGI Chandigarh for about one year. In this accident, he has received 100% disability, permanent in nature. At the time of accident, he was being paid Rs. 4,000.00 by way of his salary. The truck involved in the accident was admittedly insured with appellant-insurance Company, respondent No. 2 before learned Commissioner below. The petitioner, as such, has claimed the compensation to the tune of Rs. 15,00,000.00.

(3.) Respondent No. 2 herein owner of the truck when put to notice has contested the claim petition on the ground of maintainability and also being time barred. On merits, he has admitted that the petitioner was engaged as Driver by him with his truck No. HID-4318 and also that the truck met with an accident and the petitioner-claimant received injuries on his person. The monthly salary according to respondentowner was Rs. 300.00.