NATIONAL INSURANCE CO LTD Vs. SANTOSH KUMAR SINGH

JUDGEMENT

(1.) THE present appeal witnesses a challenge to the judgment and order dated 05.09.2006, passed by the learned Commissioner of Workmen's Compensation, Nagaon (for short hereafter referred to as the Commissioner) in Case No. NWC 364/2001, awarding an amount of Rs.2,65,644/- as compensation payable to the respondent No.1/claimant by the appellant-insurer.

(2.) I have heard Mr. D. Mazumdar, learned counsel for the appellant and Mr. M.K. Choudhury, learned counsel for the respondent No.1/claimant.

(3.) ON the basis of the pleadings and the evidence, the learned Commissioner concluded that the respondent claimant was entitled to an amount of Rs.2,65,644.00 as compensation under the Act for the injuries sustained by him. As the vehicle involved, at the relevant point of time, was insured with the appellant, the learned Commissioner held it liable for payment of the amount awarded. In arriving at the above figure, the learned Commissioner assessed the age of the respondent claimant to be 22 years as per the medical documents and his salary to be Rs.4000/- per month. The following formula was applied : 60% x 4000 x 221.37 x 50% = 2,65,644