NATIONAL INSURANCE CO. LTD. Vs. MD. NAIMUDDIN

JUDGEMENT

(1.) In this appeal under Section 30 of the Workmen's Compensation Act, 1923 the Insurance Company has challenged the Judgment and award dated 9.9.2003 passed by the Commissioner, W.C.Zone-III, Tezpur in Case No.17 of 2002 awarding compensation of Rs.1,06,257.60 and interest of Rs.33,162.64 as interest thereon along with future interest @ 9% per annum.

(2.) One Md. Naimuddin filed a claim petition before the W.C. Commissioner, Tezpur stating that opposite party No.1, Ashutosh Das being registered owner of a Mini Bus bearing registration No.AS-02/8677 engaged him as handyman in the said vehicle. On 14.3.2000 while the vehicle was proceeding towards Hojai from Nagaon, it met with an accident at Singrapatty at about 10.30 pm whereupon claimant sustained multiple grievous injuries on his chest, left wrist and other parts of the body. He was immediately taken to Hojai Civil Hospital and subsequently treated at Nagaon under Dr. J Sarmah. Kampur P.S. Case No.16 of 2000 was registered in connection with the accident. The claimant stated that the driver had a valid driving license as on the date of accident. According to him, he got Rs.2000/- per month towards salary and Rs.50/- towards daily allowance. It was also disclosed that the vehicle was duly insured under the National Insurance Company under Nagaon Branch. He claimed Rs.4 lakhs as compensation.

(3.) The opposite party No.1 owner of the vehicle appeared and submitted written statement and contested the same. Opposite party No. 1 also claimed that vehicle was duly insured under the opposite party No.2, insurance company and so liability if there by any shall be of the opposite party No. 2 only.