BRANCH MAN Vs. BIRALA THENGAL AND ANR.

JUDGEMENT

(1.) Heard Mr. S. S. Sarma, learned Senior Counsel assisted by Ms. M. Mazumdar, learned Counsel appearing for the appellant. None appears on call for the Respondents.

(2.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 is directed against the judgment and award dated 20.07.2011, passed by the learned Commissioner, Workmen's Compensation, Golaghat, in W.C Case No. 6/2010, by which the appellant was directed to pay a sum of Rs. 4,78,159/- (Rupees four lakh seventy eight thousand one hundred fifty nine only) with interest at the rate of 9% per annum in favour of Respondent No. 1.

(3.) The case projected in the claim petition was that the Respondent No. 1 was working as a paid and permanent handyman of a truck bearing registration No. AS-03-D- 2601. On 05.01.2010, while the car was going from Kachomari towards Rupahi, at about 10.30 AM, due to rash and negligent driving of the said vehicle, near Geruamukh, on NH-37, the truck turtle on the side of the road. As a result of the accident, Respondent No.1 suffered grievous injuries like Type-III compound fracture segmental left humerus with crush injury left shoulder, fracture on right clavicle. He was admitted to B.P. Civil Hospital Nagaon and on the same day transferred to GMC Hospital for better treatment, he was discharged on 20.01.2010. Surgical procedures were undertaken and ultimately his left shoulder had to be amputated. It was projected that the treatment was till going on and he had become totally disabled and lost his earning capacity by 100%. The accident was registered vide Khatowal P.S. GDE No. 74 dated 05.01.2010. It was projected that the Respondent No. 1 was earning a monthly salary of Rs. 4000/- (Rupees four thousand only) per month and a sum of Rs. 50/- (Rupees fifty only) as his daily allowance and he was 22 years old at the time of accident. A sum of Rs. 7,00,000/- (Rupees seven lakh only) was claimed as compensation.