ORIENTAL INSURANCE COMPANY LIMITED Vs. HAREN BORA

JUDGEMENT

(1.) With the consent of the Advocates appearing for the respective parties, this matter is finally heard.

(2.) The facts, in brief, are that the claimant-respondent No. 1 was employed as a driver of the vehicle (Mini Bus) belonging to respondent No. 2 Sri Phrikendra Saikia. On February 20, 2000 at about 1.50 PM, the said vehicle, bearing registration No. AS- 02/A-0167, met with an accident at Lokhowajan Tiniali and in consequence thereof the driver-respondent No. 1, Sri Haren Bora has sustained serious injuries. It is an admitted fact by the parties that the respondent No. 1 was engaged by the respondent No. 2 as a driver, that he had sustained serious injuries and that injuries were sustained during the course of, and arising out of, the employment. The Commissioner, Workmens Compensation on these findings has given an award of Rs. 2,49,576 with interest @ 12% per annum from the date of accident till deposit of the amount. Aggrieved by the said order, the Insurance Company has filed the present appeal.

(3.) The only submission made by the learned counsel for the appellant is that since the accident occurred on February 20, 2000, the Commissioner, Workmens Compensation could not have awarded compensation on the basis of the amended Workmens Compensation Act (Act No. 46 of 2000).