Saral Srivastava, J. - (1.) Heard Sri Nagendra Kumar Srivastava, learned counsel for the appellant and Sri Nigamendra Shukla, learned counsel for the respondent.
(2.) The present appeal is directed against the judgment and award dated 03.11.2008 passed by Workmen Compensation Commissioner and Assistant Labour Commissioner, Jaunpur, whereby the Commissioner has awarded Rs.4,32,100/- to the claimant-respondent.
(3.) The brief facts of the case are that it is alleged that respondent no. 1 Shri Jai Prakash Giri was employed as Khalasi/Cleaner of truck no. U.P. 62D-0679 owned by his father-respondent no. 2 Raj Narayan Giri. It is further alleged that on the instructions of the owner of the truck he was travelling as Khalasi/Cleaner on 1.8.2003 to deliver goods at Kanpur. When the truck reached near Kamta Bazar Police Station Dehat district Sultanpur at about 10:30 P.M., the brake of the truck failed due to which the driver lost control over the truck and the truck met with an accident. In the said accident the respondent no.1 suffered injuries in his spinal cord and his left leg was amputated. On account of said injuries, he has suffered 75% disability. It is further pleaded that respondent no. 1 was paid salary Rs.2,500/- per month and Rs.50/- towards special diet by the owner of the truck. In the aforesaid backdrop, he instituted a claim petition praying for compensation of Rs.8,00,000/- along-with 10% interest.;