UNITED INDIA INSURANCE CO LTD Vs. MANORANJAN DAS

JUDGEMENT

(1.) THE judgment and order dated 10. 04. 01, passed by the learned Commissioner, Workmen's Compensation Act, Guwahati, in W. P. (C) case No. 54/2000, awarding a sum of Rs. 1,10,502/- with interest thereon, in favour of the respondent-claimant, has been put to challenge by the insurer of the vehicle No. As-01-B-6999.

(2.) I have heard Mr. S. Dutta, learned counsel for the appellant and Mr. D. K. Saikia, learned counsel for the opposite party No. 1. The opposite party No. 2 did not enter appearance in spite of service of notice.

(3.) THE facts in brief, leading to the filing of the instant appeal, are that the opposite party No. 1, while engaged as a handyman in the bus No. AS-01-B-6999, being in the employment of the opposite party No. 2, sustained injuries as the vehicle was involved in an accident. This was on 26. 10. 99. As a result of the accident, he sustained injuries on the right thigh and right shoulder-joint for which he took treatment at the Guwahati Medical Hospital, Guwahati, incurring an expenditure of Rs. 50,000/ -. The opposite party No. 2, his employer, having refused to extend any financial help, the claim was lodged with the Commissioner, Workmen's Compensation Act, Guwahati, claiming an amount of Rs. 3,00,000/- under the Workmen's Compensation Act, 1923 (hereinafter referred to as "the Act" ). The employer did not contest the claim.