INDERJEET SINGH,J. - (1.) The instant appeal has been filed by the appellant against the judgment dated 22.11.2011 passed by the Commissioner, Workman Compensation, Jaipur District II, Jaipur in Claim Case No. WCC/NF/156/2009.
(2.) The brief facts of the case are that claimant has filed claim petition claiming compensation on account of alleged 20.56 permanent disability and the injury sustained by him during the course of employment under respondent No. 2 being Khalasi on 1.5.2009 when he was going towards Ram Bagh to Gandhi Nagar. At the time of accident, he was getting salary to the tune of Rs. 4,000/-. It is stated that the vehicle was insured with appellant company and respondent No. 2 was the owner. The respondent No. 2-owner of the vehicle did not appear before the learned Commissioner. The Insurance Company in its reply denied the averments made in the claim petition and pleaded that no notice was ever served upon the Insurance Company under Section 10 of the Act. It is also stated in the reply that no information of accident was furnished to the Company and therefore the insurance company is not liable to pay the compensation in view of breach of policy conditions.
(3.) Counsel for the appellant has argued that there is no relationship of employee and employer between the claimant and respondent No. 2 i.e. owner of the vehicle. Counsel for the appellant further argued that the doctor has issued a disability certificate in favour of the claimant only to the extent of 20.56% whereas the Commissioner has wrongly considered the loss of earning capacity as 35% while calculating the compensation. It is further argued that the learned Commissioner has wrongly awarded the interest from the date of accident.;