NEW INDIA ASSURANCE CO. LTD. Vs. BASAT ALI

JUDGEMENT

(1.) Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. A. Alam, learned counsel for the respondent workman.

(2.) The respondent workman was a driver having a valid driving licence and was engaged by the owner of the vehicle No. AS 01/AC-7974 as a driver. While discharging his duty as a driver, the vehicle met with an accident on 05.05.2011 while it was travelling from Nangal to Jogigopa. According to the workman claimant the accident took place when the vehicle he was driving was parked on the side of National Highway-31 in front of a garage and when he climbed down from his vehicle another vehicle AS-18/C-1413 which was coming from the other side in a rash and negligent manner had knocked him down and as a result, his left leg got crushed. Although he was taken to the hospital for treatment but inspite of it, his left leg could not be saved and it was amputed from around the knee. In the circumstance, a claim was made that the respondent workman suffered permanent physical disability which had rendered him unfit as a driver and further causing loss of 100% earning capacity.

(3.) Before the Commissioner, the respondent workman led evidence that he was injured while in employment as a driver of the vehicle No. AS 01/AC-7974 and at the time of the accident, he was earning a salary of Rs.6,000/- per month apart from other allowances. The owner of the vehicle also entered appearance and submitted a written statement wherein, the employment was admitted and the salary paid was stated.