NATIONAL INSURANCE CO. LTD. Vs. MD. MANUAR ALI

JUDGEMENT

(1.) Heard Mr. S.S. Sharma, learned Sr. counsel appearing for the appellant. Also heard Ms. S.D. Saikia, learned counsel appearing for the respondent No. 1/ claimant.

(2.) This appeal is directed against the judgment and order dated 30-01-2008 passed by the learned Commissioner, Workmen's Compensation, Guwahati in connection with W.C. Case No. 09/2006 whereby an amount of Rs. 1,12,309.00 had been awarded in favour of the claimant as compensation on account of personal injury sustained by him in an motor accident arising in course of his employment under the respondent No. 2.

(3.) The brief facts of the case is that the claimant was employed as handyman under the respondent No. 2 (owner) in the bus bearing number AS-15/4089. On 08-05-2005 when the bus was proceeding from Guwahati to Barpeta, it had met with an accident at Satdala, Hajo, in the district of Kamrup, as a result of which the claimant had suffered grievous injuries in the form of injury on the left hip-joint, injury on the chest and other parts of his body. Immediately after the incident, the claimant had received treatment at the Barpeta Civil Hospital wherein he was examined by the doctors and an X-Ray was also carried out in respect of his aforesaid injury. An accident case was also registered at the Hajo Police Station vide GDE No. 219 dated 09-03-2005. It is the claim of the claimant that he was 30 years of age and was receiving salary of Rs. 3000.00 per month when the accident took place. Due to the aforesaid accident, the claimant claims to have suffered injuries of permanent nature that had lead to reduction of his earning capacity. On such basis, claim for compensation has been lodged by the claimant which was allowed by the learned Commissioner, Workmen's Compensation, Guwahati along with interest payable therein by the impugned judgment and order dated 30-01-2008. Being aggrieved by the aforesaid judgment, the insurance company has preferred this appeal since the liability for payment of the award is upon the insurance company.