ORIENTAL INSURANCE CO LTD Vs. SUBHASH BARMAN

JUDGEMENT

(1.) - This appeal under section 30 of Workmen's Compensation Act, 1923, has been filed by the insurance company against the judgment and award dated 15.3.2005, passed by the learned Commissioner, Workmen's Compensation ('the Commissioner' in brief) in W.C. 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 OP No. 1. Since the offending vehicle No. AS 25-B 5016, owned by OP No. 2, was duly insured with Oriental Insurance Co. Ltd., the said insurance company, 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 at the rate of 9 per cent per annum from the date of the order.

(2.) I have heard Mr. B.C. Das, learned senior counsel for appellant and Mr. 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: (i) Whether loss of earning capacity is referable to the percentage of disability and how such loss of earning capacity can be ascertained by the Commissioner in case of non-scheduled injuries? (ii) Whether insurance company is liable to pay interest upon the principal amount of compensation under section 4-A (3) (a) of the Workmen's Compensation Actl (iii) If so, whether the interest is payable from the date of accident or from the date of award of the Commissioner?