NATIONAL INSURANCE CO.LTD Vs. YOG RAJ

JUDGEMENT

(1.) A claim petition was filed before the Authority under the Workmen's Compensation Act, 1923, Assistant Labour Commissioner (for short, ALC) wherein it was stated that on 06.04.2004, the claimant respondent during and in the course of his employment with respondent no.2, while unloading G.C. Tin Sheets from Tipper No.2567-JK02V, sustained injury on his left ankle joint which got fractured. It was also stated that at the time of the accident, the age of applicant was 21 years and that the injury which he sustained rendered him permanently disabled and he has lost his earning capacity by 50%.

(2.) In the petition, notices were issued to appellant as well as respondent no.1. The appellant filed objections in which following stand was taken at para 4 under the captioned preliminary objections:

(3.) After conclusion of the inquiry, the ALC passed the award on 28.07.2007 and directed the appellant to deposit an amount of Rs.1,95,000/- (Rupees one lac and ninety five thousands only) on the ground that the appellant being the Insurance Company is liable to indemnify the owner respondent no.1. The appellant was also directed to deposit the awarded amount within 30 days from the date of pronouncement of the award and it was also provided that in case, the directions were not complied with, the award amount will be recovered as prescribed under Workmen's Compensation Act, 1923 (for short, the Act of 1923).