JUDGMENT :

MANOJ KUMAR OHRI, J.

1. The present appeal has been instituted under Section 30 of the Employees’ Compensation Act, 1923 (hereinafter, referred to as the 'Act') on behalf of the appellant/claimant assailing the order dated 13.09.2017 passed by the learned Commissioner, Employees’ Compensation Act, District- West, Karampura, Delhi in Case No. WC/31/WD/17.

2. In his petition(s) filed before the learned Commissioner for compensation under Section 22 of the Act, the appellant claimed that he was employed as a driver with respondent No.1 on vehicle bearing No. UP-78-CN-8951 (Truck) and on 01.09.2015, he met with an accident while driving the truck during the course of employment.

It was the case of the appellant that the accident had occurred on account of poor visibility near Barabanki, UP, as while he was driving over a flyover, construction dust in the air caused his vehicle to ram into another vehicle which was stranded on the bridge without any caution/signal or indicator etc.

It was further claimed that as he had received grievous injuries on both his legs due to the accident, for which he also remained hospitalized, the appellant had become 100% disabled for the purpose of