ORIENTAL INSURANCE CO. LTD. Vs. MD. GULBAHAR HUSSAIN

JUDGEMENT

(1.) This appeal preferred against the judgment and award dated 27-12-2004 passed in Workmen 's Compensation Case No. 354/2001 by the Commissioner, Workmen 's Compensation, Nagaon, Assam was admitted by this Court by framing the following two substantial questions of law:

(2.) The brief facts of the case is that the respondent No. 1/claimant was employed as a driver of the vehicle number AS-01G-7420 (bus) owned by the respondent No. 2 which had met with an accident on 27-08-2001 when the vehicle was proceeding from Doboka towards Nagaon with passengers on board. In the said accident the respondent No. 1/claimant had suffered grievous multiple injuries on his person and had become permanently disabled due to the fracture in his right leg and chest resulting into loss of his earning capacity. Since the sustainance of grievous injury as well as the permanent disability suffered by the respondent No. 1/claimant resulting to his loss of his earning capacity is not in dispute, hence, recording of excruciating details covering the aforesaid aspects of the matter is not deemed necessary.

(3.) After hearing the parties and on appreciation of evidence available on record the learned Commissioner, Workmen 's Compensation had awarded an amount of Rs. 1,09,190.00 as compensation to the respondent No. 1/claimant for the loss of earning suffered by him on account of permanent disability. It appears from the record that the amount of Rs. 1,09,190.00 already been deposited by the insurance company on 21-10-2005 and the said amount since been withdrawn by the respondent No. 1/claimant. The grievance of the appellant in this appeal is that there was no evidence available before the learned Commissioner to arrive at a conclusion that the monthly income of the respondent No. 1/claimant was Rs. 3500.00, which amount forms the basis for calculation of the compensation. It is also the grievance of the appellant that the learned Commissioner had committed manifest illegality by awarding interest @ 12% per annum on the aforesaid amount w.e.f. 27-08-2001 i.e. the date of accident, in a manner which is not permissible in the eye of law.