RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. RAJKUMAR

JUDGEMENT

(1.) The instant appeal has been filed by the appellant against the order dtd. 29/11/2011 passed by the Commissioner, Workmen Compensation, Jaipur District-II, Jaipur in Claim No.WCCNF 458/2010.

(2.) Brief facts of the case are that the claimant/respondent filed a claim application before the Employees Compensation Commissioner, Jaipur District-II under Sec. 22 of the Workmen Compensation Act, 1923 against the appellant and respondent No. 2 claiming compensation on account of alleged loss suffered due to injuries sustained by him in an accident which took place on 23/10/2009 when as per the claimant he was working as driver of Indica Car No.RJ-14/CG-0305 under the employment of Shri Prakash Singh Chauhan which was insured with the appellant-Insurance Company. When the said vehicle reached near DCM Surana Farm, Heerapura, it suddenly collided with the school bus, in which Shri Rajkumar sustained serious injuries over his leg and his leg was ultimately amputated. Therefore, the claimant prayed for awarding compensation in his favour.

(3.) The appellant-Insurance Company filed its reply to the claim application denying the averments made by the claimant. It was specifically pleaded that the claim petition deserves to be dismissed since no notice under Sec. 10 of the Act of 1923 was served. It was also pleaded that even otherwise there was no loss of earning capacity to the claimant on account of the alleged injuries and the vehicle was being used in contravention of the terms and conditions of the policy. Thus, the appellant-Insurance Company prayed for dismissal of the claim petition.