NATIONAL INSURANCE CO LTD Vs. KAMALA KANTA NATH

JUDGEMENT

(1.) This appeal under section 30 of the Workmen's Compensation Act, 1923 is directed against the judgment and award dated 13.10.2003, passed by the learned Commissioner, Workmen's Compensation, Ulubari, in W.C. Case No. 264 of 2002, whereby a sum of Rs. 1,77,903/- (rupees one lakh seventy seven thousand and nine hundred three) was awarded to the claimant-respondent No. 1, for the injuries sustained by him in a motor vehicular accident.

(2.) Facts, leading to the filing of this appeal, may be stated in brief, as follows:--

(3.) Due to the said accident the claimant-respondent sustained fracture injuries on his left hand," left leg and other injuries on his head as well as on different parts of his body. Immediately after the accident, he was taken to Dr. Hasmat Ali, a senior Medical and Health Officer of Howly PHC, wherefrom, he was referred to Barpeta Civil Hospital, where he was examined by Dr. S.C. Sarma, Sub-Divisional Medical & Health Officer and on advice, X-ray was carried out and plaster was applied to his left hand. He had to undergo treatment at Barpeta Civil Hospital, for a long time but he did not recover fully from the injuries caused due to the fracture on his left hand and, as a result, he could not even move the steering wheel and gear lever of a vehicle. As a result of which the owner of the vehicle, terminated him from service due to his inability to perform his duty.