Mahesh Chandra Sharma, J. - (1.) THIS appeal has been filed against the judgment and award passed by Commissioner, Workmen Compensation Act. Brief facts of the case are that on 2.7.2007 when the claimant was working as driver of truck No. RJ -14 -GA -9449. Suddenly cow came in front of the vehicle and hence the vehicle over -turned and hence, he sustained injuries during the course of employment.
(2.) THEREAFTER claim petition was filed, notices were issued, issues were framed, evidence was recorded and after hearing both the sides, the learned Commissioner decreed an amount of Rs. 3,10,003/ - as compensation in favour of claimant and against the non claimants. The Insurance Co. has filed the aforesaid appeal challenging the quantum of compensation.
(3.) LEARNED counsel for the Insurance Co. has contended that the learned Commissioner committed further error in deciding issue no. 1 against the appellant as there was no documentary evidence on record to establish that he was ever given employment by the respondent no. 2 or he sustained injuries during course of employment and hence, the impugned award being without jurisdiction, is liable to be quashed.;