NEW INDIA ASSURANCE COMPANY LTD Vs. PALTU SAH

JUDGEMENT

(1.) Heard Mrs. M. Choudhury, learned counsel for the appellant. Also heard Ms. M. Khanikar, learned counsel for the respondent No. 1/claimant.

(2.) This appeal has been filed under Section 30 of the Workmen's Compensation Act, 1923 (now renamed as Employees' Compensation Act, 1923 and hereinafter referred to as "said Act"). By this appeal, the appellant has challenged the legality and validity of the judgment and award dated 28.01.2008 passed by the Commissioner, Workmen's Compensation, Golaghat, in WC Case No. 22/2005. By the said judgment, the learned Commissioner, Workmen's Compensation, held that on 207.2005, the respondent No. 1, who was a paid Handiman by profession, while travelling in vehicle No. AS-05-A-3371, suffered an accident by falling down from a running vehicle and as a result, the claimant sustained head injuries and fracture of left tibia and relying on the certificate issued by the Medical Practitioner, the assessment of loss of function was assessed of 55% excluding the head injury and assessed the loss of earning capacity of 55% and passed an award of Rs. 2,18,386/- only, holding the amount liable to pay compensation amount to the claimant, directing payment to be made within a period of 30 days, failing which the amount would carry an interest @ 10% per annum from the date of accident and 50% penalty on the awarded amount.

(3.) This Court, while admitting the appeal, by order dated 10.12.2008, formulated the following substantial question of law:-