NATIONAL INSURANCE COMPANY Vs. RATAN SINGH AND ORS.

JUDGEMENT

(1.) Instant appeal is directed against the order dated 10.11.2003 passed by Workmen Compensation Commissioner, Jaipur, in Claim Petition No.WCC/NF/43/2001.

(2.) Mr. S.K. Gupta, Addl. Advocate General, has placed on record the Gazette Notification dated 4.12.2014, which has been taken on record.

(3.) The brief facts are that on 22.9.2001 one Ratan Singh, who is said to be aged about 25 years, was driving a mini truck No.HR 61 0105 as a driver, and he was employed under Subhash Chandra son of Prahlad, and when he reached near Sodala Police Station on Ajmer Road, Jaipur, the vehicle met with an accident by which he got seriously injured and it is alleged that on account of the grievous injury his spleen and liver got damaged and it was claimed that disability was to the extent of 100%, as the injuries suffered were vital for day to day functioning of the respondent. An amount of Rs.5,20,584/- was claimed, however, the Tribunal assessed the disability being 50%, and allowed the claim to the extent of 2,60,292/- along with penalty to the extent of Rs.65,073/-, which has been assailed by the appellant-Insurance Company herein.