NEW INDIA ASSURANCE CO. LTD Vs. BIRSHA SAMURA

JUDGEMENT

(1.) Heard Mr. S.S. Sharma, learned Senior Counsel assisted by Mr. K.K. Bhatta, learned Counsel appearing for the appellant.

(2.) At the time of admission no substantial question of law was formulated as required under section 30(1) of the Workmen's Compensation Act, 1923. However, from the memorandum of appeal, it appears that the following substantial questions of law are involved in these appeals:

(3.) Mr. Sharma, learned Senior Counsel submitted that by the impugned judgment and award, the Commissioner, Workmen's Compensation has included the daily allowance in the monthly wages and thereafter assessed the compensation. Mr. Sharma, learned Senior Counsel to buttress his argument further submitted that section 2(m) of the W.C. Act, 1923 had fallen for interpretation before this Court in Oriental Insurance Co. Ltd. v. Lakhimai Das and another,2006 3 GLT 870 where this Court has held as under: