NATIONAL INSURANCE COMPANY LIMITED Vs. SANDEEP SINGH

JUDGEMENT

(1.) This Misc. Appeal under Section 30 of the Workmen's Compensation Act, 1923 has been filed against the award dated 31.01.2011 passed by Commissioner, Workman Compensation Act, 1923, Bundi in Case No. WCC/NF/94/2009 whereby an award of Rs. 2,71,656/- has been passed in favour of claimant respondent with interest at the rate of 12 % p.a. from the date of accident.

(2.) The brief facts of the case are that the respondent-claimant filed a claim petition under the provisions of Workmen's Compensation Act, 1923 claiming compensation on account of injuries which the claimant sustained on 18.06.2008 while he was employed as a Khalasi on the truck bearing No. HR38-W-1777 owned by respondent no.2. On 18.06.2008, he was going from Gudgaon to Mumbai with the truck loaded with goods, the truck stopped with a jerk at J.N.P.T Panwal near Navi Mumbai and as per the direction of the driver when he opened the battery, it fell on his legs due to which both his legs were seriously injured rendering him disabled causing permanent disability upto 37.81%. After hearing counsel for the parties, Commissioner awarded compensation as stated above.

(3.) Learned counsel for the appellant has argued that the Commissioner erred in deciding the issue no.2 in favour of the claimant without any evidence on record to prove that the deceased was employed with the non-claimant-respondent No.2 and suffered 37.81% permanent disability which caused 50 % loss of earning capacity without examining the doctor in evidence. She has further argued that Commissioner has illegally held liable the appellant to pay the interest on the awarded amount from the date of accident.