G.C.De, J. - (1.) New India Assurance Company Limited (hereinafter referred to as 'the insurer') filed this appeal under section 30 of the Workmen's Compensation Act 1923 challenging the judgment and order dated 09.7.1996 passed by the Commissioner, Workmen's Compensation, West Bengal, Second Court in Claim Case No. 177 of 1994.
(2.) The appellant respondent No. 1, Bharat Yadav filed the claim case claiming a compensation of Rs. 1,11,355/- alleging that in course of his employment on 5.4.1993 as a khalasi, in Vehicle No. DL-IG-A-0033 belonging to the respondent No, 2 Kuljit Singh, he sustained injuries on both legs including thigh, knee, ankle, foot and toes, wrist and back as a bulk of plywood that were being carried by the said vehicle (Truck), fell on him. Initially, he was treated at Medical College and Hospital, Calcutta for 18 days and subsequently in a Howrah Hospital for about 9 months. As a result of the accident, he was not in a position to move without the help of a pair of crutch. The claimant was examined by a doctor who issued a certificate to the effect that the claimant sustained permanent total disablement of hundred percent. At the relevant time the claimant was getting a salary of Rs. 1500/- per month and he was aged 21 years. The appellant, New India Assurance Company Limited was the insurer of the vehicle at the relevant time and hence, the claim was made against the owner as well as the insurer of the said vehicle.
(3.) Kuljit Singh of M/s. Shammi Road Corporation being the owner of the vehicle (opposite party No. 1 respondent No. 2) did not appear and file any written statement. But he filed a letter dated 10.8.1994 indicating that the claimant Bharat Yadav was temporarily employed as a cleaner-cum-helper in the offending vehicle and that the vehicle was insured with the New India Assurance Company Limited at the relevant time. It is also stated in the said letter that the Company had to bear the necessary medical expenses for the treatment of the claimant.;