RAGHUNATH SINGH Vs. MUNEER HASAN
LAWS(ALL)-2008-6-49
HIGH COURT OF ALLAHABAD
Decided on
June 25,2008
RAGHUNATH SINGH
Appellant
VERSUS
MUNEER HASAN
Respondents
JUDGEMENT
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(1.)THIS appeal under Section 30 of the Workmen Compensation Act has been filed by the claimant against the judgment and award dated 31 -03-2000 passed by the Workmen Compensation Commissioner in Workmen Compensation Case No. 6 of 1998, Raghunath Singh Vs. Muneer Singh & another.
(2.)BRIEF facts of the case are that the appellant/claimant was working as a driver in bus No. UP 08/2977 under the employ ment of respondent No. 1 - Sri Muneer Hasan. On 03-09-1997, he was going from Dobata to Tehri at about 08:00 a. m. on the backside Quality Control Rook, due to steering failure, the said bus met with an accident. In this accident spinal code of the driver was broken. He was admitted in the Nursing Home, Dehradun where he has spent Rs. 41, 000/- on his medical treatment. Therefore, the claim ant filed the claim petition of Rs. 2, 25, 170/- as compensation.
Thereafter, the notices were issued to the parties. The opposite parties con tested the petition by filing their separate written statements. Both the parties denied the allegations made in the petition. On the basis of the pleadings of the parties, the learned Workmen Compensation Com missioner framed relevant issues, which were discussed at a great detail.
Learned Workmen Compensation Commissioner after having considered the entire material available on record and hearing learned counsel for the parties di rected that a sum of Rs. 36, 000/- be paid by the Insurance Company to the claim ant. The Workmen Compensation Com missioner in the impugned judgment and award has further directed that, since a sum of Rs. 20, 000/- has been given to the claimant by its employer, therefore, the claimant is entitled to receive the balance amount of Rs. 16, 000/- from the Insur ance Company.
(3.)FEELING aggrieved by the aforesaid judgment and order, the appellant has preferred this appeal before this Court.
Heard Sri Rakesh Thapliyal, learned counsel for the appellant, Sri M. K. Goyal, learned counsel for the respondent No. 2, Sri A. M. Saklani, learned counsel for the respondent No. 1 and perused the record.
(2.)BRIEF facts of the case are that the appellant/claimant was working as a driver in bus No. UP 08/2977 under the employ ment of respondent No. 1 - Sri Muneer Hasan. On 03-09-1997, he was going from Dobata to Tehri at about 08:00 a. m. on the backside Quality Control Rook, due to steering failure, the said bus met with an accident. In this accident spinal code of the driver was broken. He was admitted in the Nursing Home, Dehradun where he has spent Rs. 41, 000/- on his medical treatment. Therefore, the claim ant filed the claim petition of Rs. 2, 25, 170/- as compensation.
Thereafter, the notices were issued to the parties. The opposite parties con tested the petition by filing their separate written statements. Both the parties denied the allegations made in the petition. On the basis of the pleadings of the parties, the learned Workmen Compensation Com missioner framed relevant issues, which were discussed at a great detail.
Learned Workmen Compensation Commissioner after having considered the entire material available on record and hearing learned counsel for the parties di rected that a sum of Rs. 36, 000/- be paid by the Insurance Company to the claim ant. The Workmen Compensation Com missioner in the impugned judgment and award has further directed that, since a sum of Rs. 20, 000/- has been given to the claimant by its employer, therefore, the claimant is entitled to receive the balance amount of Rs. 16, 000/- from the Insur ance Company.
(3.)FEELING aggrieved by the aforesaid judgment and order, the appellant has preferred this appeal before this Court.
Heard Sri Rakesh Thapliyal, learned counsel for the appellant, Sri M. K. Goyal, learned counsel for the respondent No. 2, Sri A. M. Saklani, learned counsel for the respondent No. 1 and perused the record.
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