- (1.) The Oriental Insurance Company Limited has filed this appeal under section 30 of the Workmen Compensation Act, 1923 against the judgment dated 13.4.2007 of the Commissioner Workmen Compensation, Jaipur District Jaipur in Claim Case No. WCCNF 34 of 2004 awarding a sum of L50,000/- to the claimant -respondent Hari Narain.
(2.) The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.
(3.) The claimant filed a claim petition before the Workmen Compensation Commissioner Jaipur District Jaipur on 19.4.1994 stating therein that on 28.10.2003 while he was in the employment of the respondent non-claimant as Driver on Bus No. RJ 14 1P- 2595, the said Bus met with an accident. The claimant and other passengers traveling in the Bus suffered grievous injuries. At the time of accident the claimant was 27 years of age and his monthly salary was L3000/-. Due to the injuries suffered by him he has suffered permanent disability and his body became very weak. Since the claimant was in the employment of the respondent No.1 and the vehicle in question being insured with the insurance company both are liable to pay compensation. The said application was contested by the insurance company as also by the respondent non-claimant by filing separate replies. In the reply filed by the insurance company it was stated that the respondent nonclaimant and the claimant by cogent evidence has to prove the fact that at the time of alleged accident the claimant was in emplyment of the respondent non- claimant as driver of the bus in question. The respondent non- claimant as per the term of the insurance policy did not inform the insurance company about the incident and therefore insurance company is not liable to pay compensation. The insurance company can be held liable for payment of compensation only in cases where the vehicle owner becomes incapable of being paid his debts. On merits it was stated that the alleged incident took place due to negligent driving of the vehicle by the claimant which fact was fully proved from the FIR. The claimant failed to place on record any document in support of his case, nor supplied any document to the insurance company. The claimant also failed to prove the fact regarding his age and salary as L3000/- by submitting any documentary evidence. The claimant also failed to prove the fact of his permanent disability by producing any documentary evidence. The Workmen Compensation Commissioner framed as many as four issues including the issue of relief. The Workmen Compensation Commissioner after hearing counsel for the parties vide its judgment dated 13.4.2007 partly allowed the claim application and awarded a lump sum amount of L50,000/- in favour of the claimant as compensation directed to be paid by the insurance company within thirty days i.e. upto 13.5.2007 failing which it was ordered that the claimant is entitled to receive interest on the said amount @ 12% per annum. Aggrieved against the said judgment, the insurance company has filed this appeal.;