NEW INDIA ASSURANCE COMPANY LTD Vs. AMINUR ISLAM

JUDGEMENT

(1.) Heard Mr. R.K. Bhatra, learned counsel for the appellant and also heard Mr. J Abedin, learned counsel for the respondent No. 1.

(2.) The case of the respondent No. 1 in brief is that he was employed as a driver of a truck of the respondent No. 2, bearing Reg. No. AS-18/1644. On 26.2008, while the respondent No. 1 was driving the vehicle from Gauripur to Guawahati with bricks loaded therein, the said truck met with an accident at the NH-37 at Nagapara Jungle under Boko PS by colliding with another truck bearing Reg. No. ML-07/2751 coming from the opposite direction. As a result of the accident, the respondent No. 1 claims that he had suffered grievous injury in his abdomen, right leg ankle, left leg knee and also suffered fracture on the pelvic bone. The respondent No. 1 was given initial treatment at Boko PHC and thereafter the respondent No. 1 took treatment at Dhubri. In respect of the said accident, the Boko PS registered a GR Case No. 49/2008 under Section 279/338/427 of the IPC on the basis of an ejahar lodged by the respondent No. The respondent No. 1 served a legal notice under Section 10 of the EC Act to the respondent No. 2 as the said vehicle was having the coverage of valid insurance policy as on the date of said accident. As compensation was not paid, the respondent No. 1 approached the Court of the Commissioner, Workmen's Compensation, Dhubri, seeking compensation. The said case was registered as WC Case No. 34/2008. In course of trial, the respondent No. 1 examined 3 witnesses including the doctor as PW3.

(3.) The learned Commissioner, Workmen's Compensation, by passing the judgment and award dated 7.11.2009, allowing a compensation of Rs. 1,51,142/- in favour of the respondent No. 1 together with interest @ 6% from the date of filing of the claim petition i.e. from 19.8.2008 till the date of depositing money in court.