UNITED INDIA INSURANCE COMPANY LTD Vs. SHYAM NATH

JUDGEMENT

(1.) Heard Mrs. R. D. Mazumdar, learned counsel for the appellant.

(2.) By filing this appeal under Section 30 of the Workmen's Compensation Act, 1923 (now renamed as Employees Compensation Act, 1923, hereinafter referred to as the "said Act"), the appellant has challenged the judgment and award dated 007.2003, passed by the Commissioner, Workmen's Compensation, Guwahati, awarding compensation of Rs. 93,000/- to the respondent No. 1 together with 9% interest from the date of filing of the claim petition, i.e., 19.08.2002 till realization as well as the order dated 26.07.2007, passed by the Commissioner, Workmen's Compensation, Guwahati, in WC Case No. 190/2002, whereby the prayer for review was rejected. The learned Commissioner, Workmen's Compensation, Guwahati, by the impugned judgment and award dated 007.2003 had held that the respondent herein, namely, Sri Shyam Nath, was an employee of the respondent No. 2 herein and working as Handiman on his Bus bearing number AS-15/3576 and that on 207.2002, while he was working in the said vehicle, which was coming from Guwahati towards Barpeta, which met with an accident near Chila Mahe Khetri under Gouripur PS Out Post, as a result of which the said claimant/respondent No. 1 had sustained grievous injuries of his left leg, left shoulder joint, over right face and nose with nasal bleeding. The Commissioner had held that the injuries are deemed to result in permanent partial disablement of the respondent No. 1 by relying on the evidence tendered by PW2, who was the then Senior Medical and Health Officer of Barpeta Road PHC, who had stated that he had examined the injured for the injuries suffered in the accident. The Court relied on the deposition of the said PW2 and accepted his opinion that the injured person/respondent No. 1 had suffered from permanent disablement to the extent of 35% and he had lost his earning capacity of 30% due to the injuries sustained in the accident. The learned Commissioner had also relied on the evidence of PW1 as regards his injuries and income capacity and considering the age and the wages earned by the respondent No. 1, determined the compensation @ Rs.93,000/- only. It was held that the respondent No. 2 herein, being the employer, was liable to pay the compensation, but as his vehicle was duly injured by the appellant herein, directed the payment of compensation by the appellant for and on behalf of the respondent No. 2 herein. The learned Commissioner further ordered the appellant to pay simple interest @ 9% on the awarded compensation w.e.f. 19.08.2002, being the date of filing of the claim petition till the date of payment.

(3.) Learned counsel for the appellant relies on report given by the Chief Investigating Officer, CBI, wherein it is stated that the accident, involving Bus No. AS-15/3576, which occurred on 22.07.2002, had occurred at Jaiguru (Silamahekhatee) under Gouripur Out Post of Kamalpur PS and the said bus had knocked down one Truck bearing No. BR-06/DB155, which was parked on the side of the road and in the said accident, 5 passengers, 3 male and 2 female, had died on spot and 27 numbers of injured person were admitted at Gauhati Medical College & Hospital, Guwahati and that out of those 27 numbers of injured persons, 3 more people had succumbed death at the hospital due to the injuries. The said report also contained the particulars of the deceased persons as well as particulars of the injured persons, and that the name of the respondent No. 1 was not found to be mentioned in the said list.