SYED SAJID Vs. ERAVAHRI MURALI

JUDGEMENT

(1.) These appeals emanate from the order dated 22.05.2003 passed by the Commissioner, Workmen's Compensation, Nizamabad, in W.C.Case No.328/97 (NF), granting a total compensation of Rs.97,796/- to the workman/claimant for the injuries he suffered in a motor vehicle accident that occurred on 21.01.1997 during the course of employment.

(2.) C.M.A.No.3417 of 2003 is filed by the claimant being aggrieved by the quantum of compensation; and C.M.A.No2076 of 2004 is filed by the insurance company challenging the very grant of compensation itself. As the appeals are connected, they are heard together and are being disposed of by this common judgment.

(3.) Brief facts of the case are that the workman/claimant filed a claim petition, W.C.Case No.328/97 (NF), before the Commissioner stating that on 21.01.1997 he was discharging duties as Cleaner on the Jeep bearing No.AP-25D-121, proceeding from Nirmal to Armoor, and at about 10:30 AM when the Jeep reached Kisan nagar, the driver of the jeep drove the vehicle in a rash and negligent manner and lost control of the vehicle, as a result of which, the vehicle turned turtle resulting in grievous injuries to the passengers including the claimant. He therefore sought compensation of Rs.1,50,000/- against the owner of the Jeep-Eravahri Murali (respondent No.1 in the claim petition), and the insurance company (respondent No.2 in the claim petition).