NEW INDIA ASSURANCE COMPANY LTD Vs. BHARAT SINGH

JUDGEMENT

(1.) THIS appeal by the appellant Insurance Company is against the award dated 12. 03. 2001 passed by the Commissioner, Workmen's Compensation, Nagaon in NWC Case No. 34/2000 awarding Compensation of Rs. 3,55,824/- with interest @ 12% per annum with effect from 03. 02. 2000 till the date of award which has been calculated at Rs. 47,087. 37 and directing the Insurance Company to deposit the amount within 30 days from the date of the award. This appeal by the appellant Insurance Company is against the award dated 12. 03. 2001 passed by the Commissioner, Workmen's Compensation, Nagaon in NWC Case No. 34/2000 awarding Compensation of Rs. 3,55,824/- with interest @ 12% per annum with effect from 03. 02. 2000 till the date of award which has been calculated at Rs. 47,087. 37 and directing the Insurance Company to deposit the amount within 30 days from the date of the award.

(2.) THE Respondent No. 1 herein, as claimant, filed an application before the Commissioner, Workmen Compensation under the provisions of the Workmens Compensation Act, 1923 (hereinafter for short 'the Act') stating, inter alia, that while he was driving the motor vehicle bearing registration No. AS 01 F 7680 belonging to the Respondent No. 2, as driver of the said vehicle, he met with an accident on 03. 02. 2000 at about 6 p. m. while proceeding from Sivasagar towards Guwahati at the National Highway No. 37 at Kaliabor as a result of which he sustained injuries arising out of the accident in course of his employment. It has further been contended that though he was initially admitted and treated in the B. P. Hospital, Nagaon from 04. 02. 2000 to 09. 02. 2000, he was removed to Patna for better treatment and was treated there from 11. 02. 2000 to 20. 10. 2000 where his right leg below knee joint has been amputed on 04. 10. 2000. The Respondent No. 1 claimed that he was paid monthly wage of Rs. 3500/- and was aged about 45 years at the time of the accident. The said application was registered as NWC Case No. 24/2000. Though the owner of the vehicle (Respondent No. 2 herein) filed written statement, he, however, did not deny the factum of the accident, monthly wage as well as age of the claimant. He, however, contended that the vehicle was insured by the policy of insurance issued by the present appellant Insurance Company.

(3.) THE Claimant, in support of his claim, examined himself as witness and exhibited a number of documents including accident information report and also medical documents relating to treatment as well as amputation of his right leg. Though the claimant's witness was cross-examined by the appellant Insurance Company, they however did not adduce any evidence.