JUDGMENT :

A. S. Naidu, J. - The judgment/award passed by the Commissioner for Workmen's Compensation-cum-Asst. Labour Commissioner, Cuttack in W.C. Case No. 625-D of 1999 is sought to be challenged in this appeal filed u/s 30 of the Workmen's Compensation Act by the Divisional Manager, Oriental Insurance Company Ltd. Though the case was listed for admission, with the consent of the learned counsel for the parties, the same is finally heard and disposed of.

2. Mahendra Ghadei, respondent No. 1, a helper employed by one Mamata Pradhan, respondent No. 2, the owner of Mini Truck bearing registration number OR-02-C-5840, filed an application claiming compensation for the injuries sustained by him, in a road accident occurred in course of his employment. The said application was registered as W.C. Case No. 625-D of 1999. According to the claimant, on 27.8.99 at about 1 A.M. when he was proceeding in the aforesaid Mini Truck towards Bhubaneswar, near Iginia Chhak, the said Truck collided with another Truck and as a result of the accident, the cabin of the Mini Truck was completely damaged and the claimant sustained severe fracture of his right leg along with multiple injuries all over the