ORIENTAL INSURANCE CO LTD Vs. JOGDUR RAHMAN

JUDGEMENT

(1.) Heard Mr. SK Goswami, learned counsel for the appellant. By the order dated 02.01.2020, notice on the workman respondent No.1 was accepted to have been served by drawing presumption under the General Clauses Act. LCR has also been received. None appears for the respondents. Considering the factor that this is an appeal of the year 2009, we intend to proceed with the hearing in the absence of the respondent No.1.

(2.) A claim was made u/s 4(1)(c) of the Workmen's Compensation Act in respect of an accident that took place on 28.05.2002 while the offending vehicle of which the respondent No.1 was a driver was proceeding from Nagaon to Dibrugarh with a load of cement. By the award dated 04.02.2009, the Commissioner, Workmen's Compensation, Nagaon in N.W.C Case No.155/2002 had awarded a compensation of Rs.75,571/- including interest in favour of the respondent No.1. Against the said award dated 04.02.2009, this appeal has been preferred by the appellant Insurance Company.

(3.) Two grounds were urged upon in the appeal. The first being that the component of allowances in the wages of the workman cannot be included for determining the compensation and secondly, medical evidence could not determine the loss of earning capacity of the workman and therefore, there was a guess work made by the Commissioner himself without there being any evidence on record.