Rajesh Tandon, J.

1. Heard Sri N. S. Pundir counsel for the appellant and Sri M. K. Goel counsel for the respondent No. 2.

2. Present appeal has been filed against the judgment and award dated 26.10.2005, passed by the Workmen Compensation Commissioner, Tehri Garhwal dismissing the application of the claimant for grant of compensation.

3. The claimant-appellant has filed a claim petition before the Workmen Compensation Commissioner, for grant of compensation on account of injuries sustained by him in an accident.

4. Briefly stated the claimant was working as driver in Tata Summo No. H.R. 38E 3031, which was owned by respondent No. 1 Smt. Shobha Kashyap and was insured with respondent No. 2 the Oriental Insurance Company. He sustained grievous injury due to which his leg and one hand have become incapable to work and he has become permanently disabled. His employer did not pay any compensation for his injuries in the accident. He has got medical treatment and he has become 60% disabled.

5. The opposite party No. 1 has admitted that the claimant was driver and was getting Rs. 2,200 per month as salary. The vehicle was insured with the Oriental Insurance Company therefore, the insu