JUDGMENT :

1. The present appeal under Section 30 of the Workmen's Compensation Act, 1923 (re-named as the Employee’s Compensation Act, 1923 and hereinafter referred to as Act, 1923) has been filed by the Insurance Company against the judgment and award dated 22.09.2005 passed by the Workmen's Compensation Commissioner in Workmen Compensation Case No.137/W.C.A/2004 (Arvind Kumar Pandey Versus Rajesh Rastogi & another).

2. The claimant is the opposite party no.1 in the present appeal and the employer is the opposite party no.2.

3. The facts of the case are that the claimant/opposite party no.1 instituted Case No.137 of 2004 alleging that he was employed as driver by the opposite party no.2 and suffered injuries in an accident which arose out of and in the course of his employment with opposite party no.2 while he was driving the Jeep (bearing Registration No. U.P-24/A/1399) owned by the opposite party no.2. It was stated in the claim petition that the right leg and the right hand of the applicant was fractured and his right eye was also injured as a result of which the applicant was disabled. It was further stated in the claim petition that the claimant was employed on a salary of Rs.4