Inderjeet Singh, J.

With the consent of parties, the appeal is finally heard.

2. The instant appeal has been filed by the appellant against the judgment dated 30.12.2008 passed by Commissioner Workmen's Compensation (to be referred as Commissioner) Jaipur-II, Jaipur in Case No.W.C.C.N.F.28/08.

3. Brief facts of the case are that the respondent No. 1 (to be referred as claimant) filed a claim petition under the provisions of Workmen's Compensation Act, 1923 (to be referred as Act of 1923) before the Commissioner stating therein that he was employed as Khallasi on Truck No.RJ14-2G-2065 and during the employment on 10.07.07 owing to rash and negligent driving by its driver accident has occurred and he sustain injuries on his legs. The doctor has assessed the permanent disability to the extent of 35%. The claimant further stated that he was being paid Rs. 200/- per day as wages and was of 25 years of age at the time of accident and as such claimed compensation for a sum of Rs. 5,20,584/-.

The appellant-insurance company filed reply to the claim petition stating therein that at the time of accident, the claimant was under intoxication and at the time of accident he was working as