NEW INDIA ASSURANCE CO LTD Vs. AJOY MEDHI

JUDGEMENT

(1.) This appeal has been preferred by the Appellant u/s 30 of the Workmen's Compensation Act 1923, against the judgment dated 16.1.92 by the Commissioner, Workmen's Compensatiom Dhubri in W.C. No. 7/89.

(2.) Respondent No.l is a driver. He filed a claim case before the Commissioner at Dhubri under the Act, seeking compensation for the injuries suffered by him. The respondent No. 1 on 28.1.89, was driving the Vehicle bearing Registration No. ASG 3493, in the capacity of driver and coming from Chapor towards Kokrajhar. The said vehicle's owner was Respondent No. 2. Respondent No. 1 met an accident near the Kokrajhar Police Station. Police stopped the car and dragging out the Respondent No. 1 from the vehicle assaulted him in the Chapor Police Station causing grivous injuries as a result of which the right eye of the Respondent No.l was seriously injured. He was admitted in the Dhubri Civil Hospital on 29.1.89 till 11.3.89 as an indoor patient. On the advice of doctor, he consulted eye specialist in Gauhati.

(3.) Respondent No.2 is the registered owner of the vehicle in question, which was insured from 12.2.88 to 11.2.89 vide policy No. 31511120101098 (comprehensively) with the appellant Company.