NATIONAL INSURANCE CO. LTD. Vs. MD. SAFIUR RAHMAN

JUDGEMENT

(1.) The appellant insurance company has preferred this appeal under Sec. 30 of the Workmen's Compensation Act, 1923 (in short 'WC Act') (corresponding to Employees' Compensation Act) against the judgment and award dtd. 20/2/2007 passed by the learned Commissioner of Workmen's Compensation, Dhubri in WC Case No. 22/2005 awarding a compensation of Rs.3,74,364.00 on the ground of alleged loss of vision of one eye of the claimant.

(2.) The basic fact involved in this appeal is that the claimant filed the claim petition before the commissioner of Workmen's Compensation, Dhubri by stating that he was employed as driver of the vehicle No.AS-15-8411. On 16/1/2005, at about 1 pm, when the vehicle driven by him was proceeding towards Dhubri from Goalpara side and when the vehicle reached near Hatipota market near Chapar P.S., the vehicle met with an accident when another vehicle knocked down the front side of the vehicle bearing Nos. As-15-8411 from the front side. Due to the alleged accident, the front looking glass got broken into pieces and the splinters from the pieces of broken glass pierced into the eye of the claimant for which he sustained grievous injuries on his eyes. Soon after the accident, the claimant was rushed to the Salkocha outpost and informed the matter. The police took the claimant to the Salkocha Health Centre for immediate treatment. Thereafter, the claimant took treatment at Sankardev Netralaya at Guwahati. The claimant further stated that he was operated twice at Sankardev Netralaya at Guwahati and he had lost normal vision of his right eye. Due to complete loss of vision of his right eye, he could not drive the vehicle and lost his permanent profession of driving.

(3.) After the accident, a case was registered vide Chapor PS Case No. 41/2005. At the relevant time of accident, vehicle was insured with the appellant.