JUDGMENT :

R.K. Patra, J. - A learned single Judge while hearing this appeal did not find himself in agreement with the opinion expressed by another learned single Judge of this Court in National Insurance Co. Ltd. Vs. Narendra Samal and Another. That is how, on being referred, this matter has come before us for hearing.

2. The appellant C.David is a driver. On May 18, 1992 at about 5-40 a.m. when he in his capacity as driver was driving the car bearing registration number ORX 1612 belonging to the respondent No.l, it collided with a truck No. AP/T -2349 coming from opposite direction near the Rajaloka crossing under Jhara Pokharia P.S. in the district of Mayurbhanj on N.H. No. 5. As a result of the accident, the car was badly damaged and the appellant was seriously injured with fracture of right elbow and multiple injuries all over his body. He was removed to Baripada hospital for treatment. Later, he got himself treated in S.C. B. Medical College and Hospital, Cuttack and also in a private clinic. After some days he filed an application before the Deputy Labour Commissioner-cum Commissioner for Workmen's Compensation claiming compensation of Rs. 70,000/- for the injuries sustained