ORIENTAL INSURANCE COMPANY LTD Vs. ANIL CHANDRA DAS

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed in W.C. Case No. 18/91 by the Commissioner-cum-Addl. Deputy Commissioner, Guwahati for Workmen's Compensation Act, 1923, for short the Act.

(2.) APPEAL has been filed by the Insurance Company being aggrieved by the above order. As the point involved is short, it was decided that the appeal will be disposed of at the admission stage. Learned Counsel for the appellant as well as for the respondent-workman appeared and they were heard at length.

(3.) FIRST point urged on behalf of the respondent is that the Insurance Company cannot file an appeal against the amount of compensation in view of the provisions contained in Motor Vehicles Act, 1988, more particularly Sections 147 and 149. According to learned Counsel, Motor Vehicles Act, 1988 has to be read together with the provisions of he Act in question. In this connection, learned Counsel has placed reliance in a decision of Kerela High Court in New India Assurance Company v. M. Jayarama Nayak and Anr. 1982 ACJ 3. It may be stated that learned Counsel has made the submission not only on the basis of provisions of Motor Vehicles Act, 1988, but in view of the recent full Court decision of this Court wherein it was inter alia, held that the Insurance Company against the award of the motor accidents Claims Tribunal can file an appeal only on the limited grounds as mentioned in the said Act and cannot challenge the quantum of compensation.