ORIENTAL INSURANCE CO LTD Vs. SUBHASH BARMAN

JUDGEMENT

(1.) THIS appeal under u/s 30 of the Workmen's Compensation Act, 1923 has been filed by the Insurance Company against the judgment and award dated 15. 03. 2005 passed by the learned Commissioner, Workmen's Compensation Act ("the Commissioner" in brief) in WC Case No. 36 of 2004. By the impugned judgment, the Commissioner has awarded a sum of Rs. 5,12,568/- on account of injuries sustained by the OP No. 1. Since the offending vehicle No. AS-25-B-5016, owned by O. P. No. 2, was duly insured with Oriental Insurance Co. Ltd. , the said insurance co. /appellant has been directed to satisfy the award. It is also mentioned here that as per the impugned award, the compensation amount would carry interest @ 9% per annum from the date of the order.

(2.) I have heard Shri B. C. Das, learned senior counsel for the appellant and Shri K. K. Dey, learned counsel for the claimant/op No. 1. The owner of the vehicle i. e. OP No. 2 did not appear to contest the appeal despite service of notice by registered post. I have also perused the impugned judgment and the record of the claim proceedings before the Commissioner.

(3.) UPON hearing the learned counsel for both the sides, the following substantial questions of law arise for adjudication:-