NATIONAL INSURANCE COMPANY LIMITED Vs. MANOJ NATH

JUDGEMENT

(1.) Heard Ms. R. D. Mozumdar, the learned counsel appearing for the appellant as well as Mr. N. Sarkar, the learned counsel appearing for the respondent.

(2.) This is an appeal u/s 30 of the Workmen Compensation Act, 1923 against judgment dated 05.05.2014, passed by the Commissioner, Employees Compensation, Nagaon in NWC Case No. 97/07 awarding compensation of Rs. 2,015,40/- to the respondent no. 1.

(3.) The facts of the case in nutshell is like this: on 16.06.2007, the claimant was driving one vehicle bearing registration No. AS 03F/009 (truck). The vehicle was loaded at Guwahati with sanitary tiles, mango fruit juice etc. The goods were to be unloaded at Jorhat, while the vehicle reached Gomothagaon, in the National Highway No. 37, suddenly the deferential of the vehicle broke down and the front wheels came out from the chassis of the vehicle. The vehicle turned turtle on the road side. The accident took place at about 4 am. The claimant/driver sustained injury on his right forearm and over the chest wall. He was taken to B.P. Civil Hospital, Nagaon for treatment with the help of Traffic Police. Nagaon Police, Traffic Branch, registered a case viz Nagaon P.S. Traffic Branch GDE No. 218, dated 16.05.2007. The owner of the vehicle informed about the accident but he did not pay any compensation.