LAWS(GAU)-2017-3-69

NATIONAL INSURANCE CO. LTD. Vs. ROBIN BORO

Decided On March 09, 2017
NATIONAL INSURANCE CO. LTD. Appellant
V/S
Robin Boro Respondents

JUDGEMENT

(1.) Heard Ms. S Roy learned counsel for the appellant as well as Mr. I A Talukdar, learned counsel appearing for the respondent No. 1/claimant.

(2.) This is an appeal under Sec. 3 of the Workmen's Compensation Act, 1923, now renamed as Employee's Compensation Act (herein after referred to as "the said Act") is directed against the judgment and award dated 7.12006 passed by the learned Commissioner Workmen's Compensation, Nagaon in WC Case No. 7/200 By the said judgment, compensation of Rs. 1,39,463.00 was awarded in favour of the respondent No.1/claimant. The facts which are not in dispute is that the respondent No. 1 was working as a handyman of truck bearing Reg. No. AS- 25/193 The said vehicle was on its way from Nagaon to Guwahati on 28.11.2001, when it met with an accident at a place called Senchowa at about 11:30 pm and the truck had turned turtle on the roadside. In the said accident, the respondent No. 1 sustained grievous injuries. In respect of the said accident, the GD Entry No. 648 dated 29.11.2001 was registered with the Traffic Branch of Nagaon Police Station. At the time of accident, the respondent No. 1 was receiving a fixed salary of Rs. 3,000.00 excluding food allowances. The said truck was insured with the appellant under a valid insurance policy which was valid up to 3.5.200

(3.) As the respondent No. 1 did not receive any compensation, he approached the Commissioner for Workmen's Compensation, Nagaon by filing NWC 7/2002. In course of trial, the following 5 (five) issues were framed by the learned Commissioner :