NATIONAL INSURANCE CO LTD Vs. LAKHINDRA DAS

JUDGEMENT

(1.) This appeal arises out of the judgment and award dated 16.9.2003 passed by the Commissioner, Workmen's Compensation, Nagaon in W.C. Case No. 89/2000 thereby awarding compensation to the extent of Rs. 59,118 with interest at the rate of 12% per annum from the date of filing of the application until payment.

(2.) Heard Mr. A. Ahmed, learned Counsel appearing for the appellant and Mr. M. Choudhury, learned Counsel appearing for the respondent No. 1/claimant. None appears for the respondent No. 2, the owner of the vehicle.

(3.) The claimant/respondent was employed as driver under the respondent No. 1. While the claimant was proceeding from Lanka to Mujaffarpur driving the vehicle No. M.L.-05 (A)/0676 (truck), he met with an accident at Sahabganj in the district of West Bengal. The accident occurred due to collision between the truck driven by the claimant as well as the vehicle coming from the opposite side. As a result of the accident, the claimant sustained injuries on his face and chest for which he was properly treated. His final treatment was undergone at Nagaon in the State of Assam. It is the case of the claimant that as a result of the injuries he was out of employment as he was unfit to continue with the driving job. Accordingly, he filed a claim case under the Workmen's Compensation Act, 1923 before the Court of Workmen's Commissioner, Nagaon which was registered as W.C. Case No. 89/2000. In his claim petition the claimant asserted that he was 35 years of age and at the time of the accident he was drawing monthly wages of Rs. 2,000 and additional allowance of Rs. 100 and the vehicle was insured with the appellant Insurance Company. Upon receipt of the summon the respondent.No. 2 the owner of the vehicle as well as the Insruance Company appeared and submitted their written statement. The owner/respondent No. 2 admitted that the claimant was engaged as a driver but on temporary basis and the accident occurred due to the negligent act of the driver. The owner further pleaded that if any compensation is awarded that should be indemnified by the Insurance Company with which the vehicle is insured. The appellant Insurance Company denied all the allegations raised in the claim petition by the claimant.