DINESH CHANDRA SOMANI,J. - (1.) The appellant-Insurance Company has preferred this civil misc. appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the 'Act') against the judgment and award dated 30.8.2007 passed by Workmen's Compensation Commissioner, Jaipur District, Jaipur (hereinafter referred to as the "Commissioner") in Claim Case No. WCCNF/109/06 titled as Subey Singh Yadav v. Umrao and Anr. , whereby an amount of Rs. 1,58,364/- has been awarded in favour of claimant/respondent Shri Subey Singh Yadav and against the appellant-Insurance Company.
(2.) Skeletal material facts necessary for disposal of this appeal are that the claimant/respondent Shri Subey Singh Yadav filed a claim petition against the appellant/Insurance Company and respondent No.2 Shri Umrao Singh (registered owner of Tractor No. HR.16-B-9269) claiming compensation on account of loss suffered by him due to the injuries caused in an accident allegedly occurred on 21.11.2005 when he was working as a driver under the instructions of respondent No.2 Shri Umrao Singh on a Tractor No.HR.16-B-9269. According to the claimant, when he was going from Kotputali to Gordhanpura, a jeep suddenly came in front of his tractor and as a result of this, the tractor was overturned and the claimant sustained injuries and finally suffered permanent disablement of 20.5%. By way of claim petition, the claimant claiming compensation to the tune of Rs. 4,33,820/- against the owner and the Insurance Company on the ground that he was 25 years of age and was getting a salary of Rs. 4,000/- per month and he suffered a permanent disablement of 20.5% while under employment with the owner of the tractor and this tractor was insured with the appellant/Insurance Company at the time of the accident.
(3.) The appellant/Insurance Company as well as respondent/owner filed their respective replies to the claim petition. The respondent/owner admitted the facts that the claimant was employed by him as a driver and was being paid a sum of Rs. 4000/- per month. The owner has further stated that at the time of the accident, the tractor was insured with the Insurance Company and prayed that the liability for payment of compensation may be fastened upon the Insurance Company.;