PRAKASH CHAND Vs. BABU RAM AND OTHERS

JUDGEMENT

(1.) The instant appeal stands directed, against, the award pronounced, by, the learned Commissioner, Empployee's Compensation, Court No.2, Shimla, upon, Claim Application No. 4/2 of 2015, whereunder, compensation amount, borne in a sum of Rs.5,28,642/- along with interest @12% per annum from 23.10.2013, till its realization, stood assessed, vis-a-vis, the disabled claimant, and, the indemnificatory liability thereof, stood, fastened upon the insurer of the offending vehicle.

(2.) Upon hearing the learned counsel appearing for the parties, this Court, has, framed the hereinafter extracted substantial questions of law, for, rendering hence an adjudication thereon:-

(3.) Uncontestedly, the claimant prior to the disabling injuries, as a sequel of the relevant mishap, hence being entailed, upon, him, was engaged as driver, in the relevant vehicle, by respondents No.1 to 3 herein. There is no wrangle about the trite factum of the relevant mishap, hence, occurring during the course of his performing, his employment, under, his afore employers. The disability certificate, borne in Ex.PW4/A, makes a vivid pronouncement qua 30% disability being encumbered, upon, the claimant, and, the afore disability appertaining to the right lower limb, (a) and, also therein, a, further pronouncement is made, that, the afore disabling injuries, in the afore percentum, appertaining to the right lower limb, rather sequeling, a, cent percent disabling effect, upon, the functioning of the afore right lower limb, whereon 30% disability, stood entailed, upon the disabled claimant.