ORIENTAL INSURANCE CO. LTD. Vs. MD. SAFIQUL ISLAM

JUDGEMENT

(1.) Heard Mr. Siddhanta Dutta, learned counsel for the appellant. None appears on call for the respondent No. 1 despite due service of notice.

(2.) By filing this appeal under Sec. 30 of the Workmen's Compensation Act, 1923 (now called as Employees' Compensation Act, 1923 and hereinafter referred to as "the Act"), the appellant has challenged the judgment and award dated 16.02.2009 passed by the learned Commissioner, Workmen's Compensation, Nagaon in N.W.C. No. 118/2006 awarding a compensation of Rs.1,59,386.00 with 12% interest from the date of the award till realization. The present appeal was admitted by order dated 01.07.2009 on the following substantial questions of law:

(3.) The respondent No. 1 is the claimant before the learned Commissioner Workmen's Compensation, Nagaon. The case of the respondent No. 1 in brief before the said learned Commissioner was that he was engaged as labour in truck bearing registration No. AS-01-J-4021, drawing monthly salary of Rs. 4000.00 and daily allowances of Rs. 20.00 per day. On 22.06.2006 while on duty, the truck was proceeding from Jorhat to Guwahati loaded with tea boxes, it met with an accident at by turning turtle on the road side (River Bank) at about 3:45 AM. As a result of the accident, the respondent No. 1 sustained grievous injury on his body including fracture injury to upper third of right tibia and fibula. As per his evidence, he was rescued and the rest of the persons in the said vehicle and were taken by the police to B.P. Civil Hospital. A case was registered in Nagaon P.S under GDE No. 409 dated 22.06.2006.