LAWS(GAU)-2017-4-15

ORIENTAL INSURANCE CO. LTD. Vs. ABDUL RAHIM

Decided On April 18, 2017
ORIENTAL INSURANCE CO. LTD. Appellant
V/S
ABDUL RAHIM Respondents

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned Senior Advocate for the appellant and Mr. B. Deka, learned counsel for the respondent No. 1/ Claimant. None appears for the respondent No. 2 on call.

(2.) The case of the respondent No.1/ claimant, namely, Md. Abdul Rahim is that in course of employment as a handyman in bus bearing registration No. AS-01-C-2608, his son Toibur Rahman died in a road traffic accident on 22.12.2002, when at about 9:00 am, due to steering failure, the said bus which was going from Nagaon towards Kaziranga hit a roadside tree and turned turtle at Gumu-thagaon under Nagaon Police Station. The driver had a valid licence and the said bus was insured with the appellant.

(3.) The respondent No.1/ claimant, having lost his 21 year old son in a motor vehicle accident in course of employment, filed a petition before the Commissioner, Workmen's Compensation, Nagaon (hereinafter referred to as the "learned Commissioner" for brevity), claiming compensation. The respondent No.2 herein, namely, Sri D.K. Bora, who was the owner of the bus filed his written statement, but thereafter, did not participate in the case before the learned Commissioner. However, the respondent No.1/ claimant had summoned the Respondent No.1 to give his evidence in the case. He was, however, examined as OP-1. The said claim was allowed by the judgment and award dated 26.11.08, passed by the learned Commissioner, Work-men's Compensation, Nagaon (now Employees Compensation), by awarding a sum of Rs. 3,27,865/- (inclusive of funeral expenses) in favour of the respondent No.1/ claimant, which was directed to be paid by the appellant. The said judgment and award is challenged in this appeal.