Arvind Kumar Mishra, J. - (1.) Heard learned counsel for the appellant- insurance company- and the learned counsel for the injured claimant- respondent and perused the record.
(2.) This is an appeal against award dated 30.7.2012 passed by court of Workmens' Compensation Commissioner/Dy. Labour Commissioner, Azamgarh, whereby compensation amount Rs.3,67,416/- along with accruing interest at the rate of 12% per annum has been directed to be paid to claimant- respondent no.1.
(3.) Facts of this case as reflected from record suggest that the injured was employed as driver of Truck No.U.P. 50 F/3813 at monthly salary of Rs.5500/-. As per the direction of the vehicle owner, the claimant- respondent no.1 was driving the bus around 4 P.M. on 22.9.2009 going to Azamgarh from Robertsganj district Sonbhadra, the driver was checking wheel of his truck at Market of village Maddhupur within circle of police station- Robertsganj district Sonbhadra, in the meanwhile, some tractor came from behind and collided the same with the claimant respondent no.1, thus causing serious injury to him and due to this accident, the claimant- respondent no.1 sustained permanent disability on his right hand. Because of the aforesaid accident, the claimant- respondent no.1 was unable to drive any vehicle and has been removed from service by the vehicle owner. Documents pertaining to Expenses incurred in treatment of the claimant respondent no.1 were proved before the tribunal. It was claimed that the earning capacity of the claimant- respondent no.1 had diminished. The disability occurred during the course of the employment while the vehicle was being driven at the direction of the vehicle owner. The claimant- respondent stated his age about 48 years. It was claimed that the concerned Truck UP 50 F/3813 was insured with the present appellant Insurance Company at the time of the accident and there was existing a valid insurance policy. The petitioner respondent no.1 claimed in all compensation amount Rs.3,83,520/- under various heads along with interest at the rate of 18% per annum.;