- (1.) THIS is an appeal under Section 30 of Workmen's Compensation Act, 1923, against the judgment and award dated 6-6-2002 passed by Commissioner Work men Compensation in W. C. A. Petition No. 9 of 1999, thereby allowing the claim petition for a sum of Rs. 1, 91,7607 - @ 12% per annum w. e. f. 27-7- 1999 till the deposit of the amount.
(2.) THE claimant-injured Rajendra Prasad Sharma filed an application un der Workmen's Compensation Act, 1923, against the opposite parties for compensation on account of his injuries sustained in the motor accident. Ac cording to claimant-injured, he was em ployed as driver on Vehicle No. UP 07/ E- 0084 owned by Sri Naresh Chandra On 27-6-1999 claimant-injured was coming to Ghantaghar Massorie by Ve hicle No. UP 07/e-0084 and when he reached near Sweeper Colony, suddenly some animals came across the road and he tried to save the animals but the ve hicle fell in the ditch, as a result of which the claimant sustained grievous in juries on his person. The claimant has pleaded that the accident occurred dur ing the course of discharge of his duties. The claimant has also pleaded that he used to get Rs. 3000/- per month as salary and he was 48 years of age at the time of accident. Claimant-injured has also given the information to respondent no. 2-insurance company regarding the ac cident. The claimant has thus filed the claim petition for compensation of Rs. 1,91,760/-, along with an interest of 12% per annum from the date of accident. The appellant as well as respond ent no. 2- Naresh Chandra filed their written statements before the Workmen Compensation Commissioner. Respond ent no. 2 has pleaded in his written statement that injured was working as a driver on casual basis in his employment and whenever he used to drive the vehi cle, respondent no. 2 i. e. employer paid him Rs. 100/-per day. He has further pleaded that vehicle in question was insured with United India Insurance Company Ltd. /appellant before this Court. The appellant/insurance com pany had also filed the written statement denying the allegations made by the claimant.
(3.) THE Workmen Compensation Commissioner after having considered the entire material available on record and hearing learned counsel for the par ties, allowed the claim petition for a sum of Rs. 1,91,760/-, along with an interest of 12% per annum, against the in surance company, vide judgment and award dated 6-6-2002. Feeling aggrieved by the aforesaid judgment and award, the appellant-in surance company has preferred the ap peal, under Section 30 of the Work men's Compensation Act, before this Court.;