- (1.) This judgment shall dispose of two appeals, referred to above, because both of them have arisen out of judgment dated January 11 th , 2010 passed by Commissioner under Workmen's Compensation Act, 1923, Karnal. FAO No.1329 has been filed by Oriental Insurance Company Limited, who is insurer of truck bearing Registration No.HR29D-1136, while FAO No.5911 has been filed by applicant claimant.
(2.) The facts are these:- Surinder Singh claimant was driver on the truck owned by Gurcharan Singh and drawing salary of Rs.5000/-. On January 31 st , 2003, he was on his way to Nissing. When he reached near bus stand, Sirsi on Karnal-Kaithal road, a stray cow came in front of the truck and in order to save the same, the truck struck against a tree. He sustained multiple injuries. He was brought to the Hospital of Dr.Vijay Gupta. His left leg below the knee was amputated.
(3.) Gurcharan Singh filed written statement admitting that the claimant was in his employment as a driver, but denied the liability to pay compensation to him.;