NATIONAL INSURANCE COMPANY LTD. Vs. RAJINDER KUMAR

JUDGEMENT

(1.) Through the instant appeal, the insurer of the vehicle concerned, concerts to seek reversal of the findings, returned upon issue No. 1, and, also upon his not meteing any success, vis ? ?-vis, the afore espousal, hence seeks modification, of, the amount of compensation, determined in the impugned award, and, wherethrough, the apposite indemnificatory liability, stood fastened, upon, the Insurer of the offending vehicle.

(2.) During the course of hearing of the instant appeal, and with the consent of the counsel(s), appearing for the contesting parties, the hereinafter formulated substantial questions of law, arise for determination:

(3.) During the purported course of employment, of, the claimant, under respondent No. 1, and, whereat he was driving vehicle bearing No. HP 64-0322, he sustained hence disabling injuries, upon, his person, injuries whereof, find reflection in, the disability certificate, embodied in Ext. PW1/E. A perusal of the disability certificate, embodied in Ext. PW1/E, proven by PW-2, underscores, vis ? ?-vis, the disabled claimant, standing entailed, with a 10% permanent disability of loco-motor, (i) and, hence the compensation amount, in the manner computed, in parapgraph-23 of the impugned verdict, stood assessed, upon him. The learned counsel for the Insurer, whereupon whom the, apposite indemnificatory liability, stood fastened has, contended with much vigor, before this Court, that the mandate embodied, in, Section 3 of the Workmen Compensation Act, 1923, and, provisions whereof stand extracted hereinafter: