NATIONAL INSURANCE COMPANY LTD Vs. BAZRUL HAQUE

JUDGEMENT

(1.) In this appeal under Section 30 of the Workmen's Compensation Act, 1923 (now named as Employees' Compensation Act, 1923 and herein after referred to as 'the Act') the Insurance Company has challenged the judgment and order dated 22.06.2006 passed by the Workmen's Compensation Commissioner, Dhubri, in W.C. Case No.23 of 2001, thereby, directing the Insurance Company to make payment of Rs.1,05,576/- in favour of the workman/claimant, viz, Md. BAZRUL HAQUE. This award has been passed on account of personal injuries sustained by the claimant in course of his employment.

(2.) Md. BAZRUL HAQUE filed a claim petition before the learned W.C. Commissioner at Dhubri stating that he is a permanent resident of Banipara, Ward No.10, P.O. Hakama, P.S. Bilasipara, District-Dhubri. He stated that he was a cleaner of the Vehicle No.AS-14/2233 (Bus) which is owned by Smt. Barnali Patgiri. He has stated that he received grievous injuries and fracture on his person on 06.01.2000 arising out of a motor vehicle accident at N.H. 31 in course of his employment claiming that he has lost 40% of his earning capacity. He has stated that in respect of the said accident Chappar Police Station Case No.14 of 2000 under Sections 279/337/338/427 of the Indian Penal Code was registered. The claimant was 23 years of old at the time of accident and his wage was Rs.2,000/- per month including all allowances and therefore, he claimed for a compensation of Rs. 3,50,000/-

(3.) On being summoned the opposite party No.1, the National Insurance Company, appeared and denied responsibilities on various grounds including non service of notice under Section 10 of the Act. The opposite party No.2, owner of the vehicle, also appeared and submitted written statement, whereby he admitted that the claimant was engaged by him as a cleaner of the vehicle and that he sustained injury. According to the opposite party No.2 the vehicle was duly insured under the respondents No.1 and so, it was liable to make payment of compensation.