THE NATIONAL INSURANCE COMPANY LIMITED (IMPHAL DIVISION) Vs. ELANGBAM BROJEN SINGH AND ORS.

JUDGEMENT

(1.) This appeal has been preferred under Section 30 of the Employee's Compensation Act, 1923 (hereinafter called the Act) against the Award/Judgment and Order dated 21st March, 2013 passed by the Ld. Commissioner for Employee's Compensation, Manipur.

(2.) The respondent No.1 had filed an application under Section 19 of the Act claiming of compensation of Rs. 6,66,420/-. It is stated in the petition filed under Section 19 of the Act that the respondent No.1 had been engaged as workman (driver) by the respondent No.2. On 15.07.2010 when the respondent No.1 was driving the vehicle bearing registration No.MN01/W/6138 belonging to respondent No.2 from Napet Palli towards Sawonmbung side along Imphal Ukhrul Road, it met with an accident in front of CM Cinema Hall. As a result of such accident he sustained serious injuries and consequently filed application for payment of compensation. As per the claim petition, respondent No.1 claimed an amount of Rs. 90,000/- towards medical expenses and an amount of Rs. 5,76,920/- towards compensation for permanent disablement.

(3.) The appellant-Insurance Company resisted the application by filing a written statement. It was contended in the written statement that due to negligence on the part of the respondent No.1, the accident took place and therefore, he is not entitled to compensation. It was also stated that the respondent No. 1 was not admitted to any hospital for treatment and the medical certificate relied upon by the respondent No.1 is not genuine certificate. The other statements relate to denial of allegations made in the claim petition.