Alok Sharma, J. - (1.) THIS civil misc. appeal under Sec. 30 of the Employee's Compensation Act, 1923 (hereinafter the Act of 1923) has been filed against the award dt. 30.10.2012 whereby the jurisdictional Commissioner has awarded a sum of Rs. 8,43,219/ - to the claimants, constituted of compensation found due to the claimant on account of suffering injuries including amputation of both his legs directly connected to his employment, interest then on for the period one month following the accident till the date of payment and medical expenses. The case of the claimant before the Commissioner was that he was employed with non -claimant No. 2 - -Dilip Singh (hereinafter 'the employer') as a driver on vehicle bearing registration No. RJ -I6 -P -OI66 insured with the appellant -Insurance Company (hereinafter 'the Insurance Company). In the course of his employment on 30.07.2010 he suffered injuries while driving the insured vehicle and lost both his legs to amputation. Stating that he was 45 years old at the time of accident and was drawing Rs. 8,000/ - p.m. as salary, the claimant sought compensation plus interest thereon as also reimbursement of medical expenses incurred in the treatment of injuries suffered. The employer admitted the claimant's employment @ of Rs. 8,000/ - p.m. but sought absolution of his liability on the ground that the Insurance Company was liable to pay compensation in view of subsisting policy covering the workers. The Insurance Company filed a reply of denial. It raised questions of territorial jurisdiction of the Commissioner and also asserted that there was no evidence on record to establish the alleged relationship of employer and employee between the claimant and the employer/insured. It was also alleged that the mandatory conditions of the policy in regard to the insured vehicle were contravened consequent to which the Insurance Company was liable to be absolved of its liability, if at all, made out.
(2.) THE Commissioner framed five issues and found that the claimant had indeed been employed with the owner of the insured vehicle of which the Insurance Company was the insurer, had in the course of his employment on 30.07.2010 suffered injuries in an accident and lost both legs to amputation. Finding a causal link between the injuries suffered and the employment of the claimant, the Commissioner awarded compensation of Rs. 8,43,219/ - finding 100% loss of earning capacity suffered by the claimant owing to the amputation of both his legs as the result of the injuries suffered in the accident of 30.07.2010. Interest on the amount of compensation found payable was awarded for the period one month following the date of the accident till the date of payment. Cost of treatment incurred by the claimant following his,. accident was also awarded on the basis of evidence on record. Hence this appeal.
(3.) IT has been submitted by the counsel for the Insurance Company that l there was no material before the Commissioner either to find employment of the claimant with the owner of the insured bus or for that matter with regard to the claimant drawing Rs. 8,000/ - p.m. as salary as driver of the insured vehicle on the date of the accident. It has been also submitted that the Commissioner did not have territorial jurisdiction to address the claim as laid. It was finally submitted that the finding of the Commissioner with regard to the claimant being entitled to compensation computed on the basis of 100% loss of earning capacity was contrary to the provisions of the Act of 1923.;