NATIONAL INSURANCE COMPANY LTD Vs. NANI GOPAL ROY

JUDGEMENT

(1.) I have heard Mr. B. Bhattacharjee, learned counsel for the appellant and Mr. P.R. Barman, learned counsel for the respondents.

(2.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 is directed against the Judgment and Award dated 13.08.2003 passed by the learned Commissioner, Workmen's Compensation, West Tripura, Agartala (District Judge) in connection with case No. T.S. (W.C.) 37/2000. in which a sum of Rs. 1,60,000/- was awarded to the claimant-respondent with interest at the rate of 9% per annum with effect from 24.8.2000 within a period of two months from the date of passing the impugned Judgment and Award, failing which the rate of interest would be enhanced to 12% per annum.

(3.) The brief facts of the case maybe shortly stated: The appellant is a Government of India under taking carrying on the business of General Insurance having its Divisional Office at Agartala. The claimant respondent is serving as Bus Conductor in the Tripura Road Transport Corporation (hereinafter called 'TRTC' for short). On 14.04.2000 when the claimant respondent was performing his duty as Bus Conductor while opening the Bus bearing No. TR-01-1399 belonging to the TRTC along with passengers, it met an accident in which the bus suddenly ran off the road and got up-turn with the result that the claimant- respondent along with other passengers of the bus sustained injuries. It is the case of the claimant-respondent that he became unconscious and regained his sense at G.B. Hospital, Agartala and ultimately he was referred to S.S.K.M., Hospital, Kolkata for better treatment. He was treated as indoor patient at S.S.K.M. Hospital, Kolkata with effect from 19.04.2000 to 30.06.2000. The claimant-respondent further claimed that as per the opinion of the orthopaedic surgeon of the said hospital he sustained grievous injury on his occipital region and severe haematoma in his sc alp and that though he was discharged from the hospital on 30.06.2000, his head and neck were fitted with a traction which is still there. According to the claimant-respondent, on account of this medical treatment he had incurred an expenditure of Rs. 1,50,000/- and that he would be requiring a further amount of Rs. 50,000/- only for his future medical treatment. The claimant respondent also asserted that at time of his accident he was 44 years old and was drawing a sum of Rs. 6,125/ - per month as salary. The claimant-respondent thereafter filed a claim petition before the learned Commissioner, Workmen's Compensation, West Tripura, Agartala for payment of Rs. 4,50,000/-.