NEW INDIA ASSURANCE COMPANY LTD. Vs. MADHU PINGUA

JUDGEMENT

(1.) This appeal involves a challenge to the order dated 19.02.2010, passed by the Additional District Magistrate-cum-Commissioner for Workmen's Compensation, Mayurbhanj in W.C. Case No.15 of 1993 but at the instance of New India Assurance Company Ltd.

(2.) Short fact involving the case is that the proceeding vide Section 22 of Workmen's Compensation Act, 1923 (herein after called 'the Act, 1923') on the strength of a complaint by claimant-respondent no.1, claiming that there is loss of earning capacity of claimant on account of accident he faced arising out of and in course of employment. On the premises that claimant was getting a monthly wage of Rs.1,200/- at the relevant point of time, he being appointed by Respondent No.2, it was also claimed that for claimant suffering serious injury, the claimant was shifted to Karanjia Sub Divisional Hospital for treatment. In the Hospital, there is amputation done on both the legs of the claimant. Claimant remained as an indoor patient from 07.04.1993 to 19.06.1993. Involving same issue, Joshipur P.S. Case No.33 dt.7.4.1993 under Sections 279, 337, 338 of I.P.C was also registered.

(3.) Respondent No.2, the owner of the vehicle appeared and filing written statement while admitting the fact of employment as well as the accident arising out of and in course of employment, also admitted that the claimant was in receipt of Rs.1,200/- per month at the relevant point of time. For having a valid policy No.009161 from 31.12.1992 to 30.12.1993, respondent no.2, the owner submitted that compensation should be borne by Insurance Company.