JASWANT SINGH Vs. SUNAINA DEVI AND ANOTHER

JUDGEMENT

(1.) The instant appeal has been preferred by claimant-employee driver, under Section 3 of Workmen Compensation Act (Now Employee's Compensation Act and hereinafter referred to Act), against order dated 31.8.2011, passed in Petition No. 29/2 of 2011/03, titled as Jaswant Singh Vs. Sunaina Devi and another by learned Employee's Compensation Commissioner-II, Nahan, District Sirmaur, H.P(hereinafter referred to as Commissioner).

(2.) In present case, learned Commissioner in a Claim Petition preferred by present appellant-claimant, being driver of respondent No.1, for injuries caused to him in an accident when he was driving truck owned by respondent No.1, has awarded compensation of Rs.1,38,222/- only payable by respondent No.2-Insurance Company. Interest @ 12% per annum from the date of filing of the application till entire amount is paid as well as penalty of Rs.69,111/- has also been awarded but only in the event of default in payment of amount of compensation within a period of one month by respondent No.2-Insurance Company from the date of order dated 31.8.2011.

(3.) Being aggrieved and dissatisfied with impugned order, present appeal has been preferred, which has been admitted on 25.11.2011, on following substantial questions of law:-