ORIENTAL INSURANCE CO LTD Vs. GAURI DEY

JUDGEMENT

(1.) IN challenge is the judgment and order dated 30. 06. 2005 passed by learned Commissioner, Workmen Compensation, Cachar, Silchar, in W. C. Case No. 90/2003. The appeal is by the insurer of the motor vehicle involved under Section 30 of the Workmen's Compensation Act, 1923 (hereafter for short referred to as the 'act' ).

(2.) I have heard Mr. S. K. Goswami, learned counsel for the appellant and Mr. K. K. Dey, learned counsel for the claimants/respondents.

(3.) THE claimants/respondents' case, in brief, is that at the relevant time, the deceased was in the employment of one Md. Nazrul Islam Laskar (opposite party No. 1 in the claim proceeding) as a driver of the aforementioned vehicle (truck ). The vehicle, while being driven by him, carrying some grocery goods met with an accident near Baktawng under Sherchip Police Station due to sudden mechanical failure and rolled down in a deep gorge about 50 feet from the main road. The deceased having then received serious injuries was, thereafter, shifted to the Sherchip Civil Hospital and Aizawl Civil Hospital in succession. As his condition inspite of the medical attention there did not improve, he was further admitted to the Silchar Medical College Hospital and finally to the Neurological Institute, Guwahati, where he eventually succumbed to his injuries on 10. 09. 2003.