NATIOANL INSURANCE CO LTD Vs. SUSANTA DAS

JUDGEMENT

(1.) This appeal under Section 30 of the Workmen's Compensation Act is at the instance of the Insurance Company and is directed against an Award dated March 5, 1997 passed by the 2nd Commissioner for Workmen's Compensation, West Bengal in Claim Case No. 524 of 1995 thereby awarding a sum of Rs. 1,05,895/- on the ground of 100% loss of earning capacity.

(2.) The respondent No. 1 lodged the aforesaid claim case on the grounds that he was working as a "Khalasi" of the Vehicle No. WGE 2377 owned by the respondent No. 2 and insured with the appellant, that on June 3, 1994 on its way to Calcutta from Santipur, the vehicle met with an accident, as a result, the respondent No. 1 received injuries in both hands, shoulder, waist and back, that he was initially treated at Ranaghat Sadar Hospital and subsequently at Kalyani Hospital and a surgical operation was done in the said hospital in the left hand and that he had suffered 100% loss of earning capacity. In the said application he described his monthly wages as Rs. 1500/- a month and claimed a lumpsum payment of Rs. 1,05,895/- for loss of 100% earning capacity and further claimed penalty and interest from the date of accident.

(3.) The aforesaid claim case was not contested by the respondent No. 2, the owner of the vehicle. The appellant however contested the claim by filing written statement.