NATIONAL INSURANCE CO. LTD. Vs. ABDUL RAFIQUE

JUDGEMENT

(1.) Heard Ms. S. Roy, learned counsel for the appellant-Insurance Company which has preferred the present appeal under Sec. 30 of the Workmen's Compensation Act 1923 (presently Employees Compensation Act, 1923). The said appeal has been preferred against a Judgment and Award dtd. 5/4/2010 passed by the learned Commissioner, Workmen's Compensation, Tezpur in Workmen's Compensation Case No. 07/2008 by which a sum of Rs.2,47,140.00 (Rupees Two Lakh Forty Seven Thousand One Hundred Forty) has been awarded.

(2.) This Court while admitting this appeal vide order dtd. 6/8/2010 had formulated the following two substantial questions of law.

(3.) The claim was instituted by the respondent no. 1 as claimant under Ss. 3 and 4 of the Act for injuries sustained by him in a motor vehicles accident arising in the course of his employment with the respondent no. 2. It is the case of the claimant that he used to work as a driver in a vehicle bearing No. AS-12E/0392 (Cruiser) under the respondent no. 2 for transporting passengers and was paid a monthly salary of Rs.4000.00 (Rupees Four Thousand) and a daily allowance of Rs.50.00. The claimant had stated that he was 23 years of age at the time of the accident which had occurred on 30/5/2007 at Senchowa in the district of Nagaon. In the said accident, the claimant had sustained multiple grievous injuries on his left leg, hip joint and other parts of the body. The claimant has also submitted that he had suffered permanent partial disablement because of the accident and as no compensation was paid, the instant application was filed with a claim of Rs.2,50,000.00 (Rupees Two Lakh Fifty Thousand). The connected police case was registered as Haiborgaon T.O.P. GDE No. 848 dtd. 30/5/2007. It is also the case of the claimant that the vehicle in question had a valid insurance cover.