ORIENTAL INSURANCE CO LTD Vs. USHA DEVI BHUYAN

JUDGEMENT

(1.) This is an appeal by Oriental Insurance Company Ltd. under section 30(1) of Workmen's Compensation Act, 1923 against the judgment and award dated 17.10.2003 passed by the Commissioner, Workmen's Compensation, Nagaon in W.C. Case No. 198 of 2001.

(2.) Mr. S.K. Goswami, learned Counsel appearing for the petitioner submitted that the finding as regards the monthly wage of the deceased-workmen cannot be sustained as the monthly wage has been assessed by including the daily allowance. The Commissioner, Workmen's Compensation has observed that the wife of the deceased-workmen has categorically stated that her husband was employed as a driver in the vehicle under registration No. AS-02/A-2725 a Tata Sumo, owned by the respondent No. 2 at a monthly salary of Rs. 2,000/- in addition to the daily allowance of @ Rs. 50/- per day. She further stated that her husband was sent to Jorhat by his employer to drop some persons and her husband became unbraced from men and later on his dead body was found near the bank of Bhogdoi river.

(3.) Mr. S.K. Goswami's contention is that the inclusion of the daily allowances is completely unacceptable in view of the decision of this Court in Oriental Insurance Co. Ltd. v. lakhimai Das and another,2006 3 GLT 870 where this Court has held as under