NEW INDIA ASSURANCE CO LTD Vs. MADAN SAHU

JUDGEMENT

(1.) -This is an appeal under section 30 of the Workmen's Compensation Act, 1923 ('the W.C. Act') preferred by the insurer against the order dated 10.7.2000, passed by the Commissioner, Workmen's Compensation, Golaghat in W.C. Case No. 22 of 1995, determining a sum of Rs. 1,77,354 as the compensation payable to the workman, respondent No. 1, with direction that the appellant, as insurer, shall deposit the said amount of compensation along with interest at the rate of 6 per cent per annum from the date of making of the claim application. Aggrieved by the order dated 10.7.2007, the workman has also impugned the said order by way of a cross-objection filed in this appeal.

(2.) I have heard Mr. A. Dutta, learned counsel appearing on behalf of the insurer appellant and Mr. J. Singh, learned senior counsel appearing for the workman, respondent No. 1.

(3.) At the relevant time of accident, the workman was admittedly a driver of the vehicle, which was involved in the accident, the accident having taken place of and in the course of his employment. What was in dispute, in the claim proceeding, was the nature of the injuries sustained by the workman, extent of his loss of earning capacity and the amount of compensation payable to him.