UNITED INDIA INSURANCE CO.LTD. Vs. BHARAT HAZARIKA

JUDGEMENT

(1.) Heard Mr. VK Baruah, assisted by Mr. K.K. Dey, learned counsel appearing on behalf of the opposite party No. 2/ appellant herein and Mr. N. Deka, learned counsel for the claimant/respondents.

(2.) This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short, 'the Act') directed against the judgment and award, dated 03.02.2003, passed by the learned Commissioner for the Workmen's Compensation, Nagaon in N.W.C. Case No. 101/2001, whereby the claimant/ respondent No. 1 was awarded compensation of Rs. 1,06,258/- with interest @ 12% per annum, with effect from 05.05.2001, on account of injuries sustained in a motor vehicular accident, in course of his employment as handyman in the vehicle.

(3.) The appellant's case, in a nutshell, is that the respondent No. 1 herein was serving as a handyman in the vehicle No. AS 02 9600. The respondent No. 2 was the registered owner of the said vehicle and the appellant/ United India Insurance Co. Ltd. was the insurer of the said vehicle. On 08.02.2001 at about 1.30 p.m., while the claimant/respondent No. 1 was under the employment of the respondent No. 2 and the vehicle was driven from Nagaon to Hojai along the 36 National High Way with passengers on board, met with an accident, the respondent No. 1 sustained multiple grievous injuries particularly on his right forearm, wrist and chest. The injured claimant was shifted to Jamunamukh and thereafter, to Nagaon Civil Hospital for treatment. As a result of the injuries sustained, he became unfit to carry the job of handyman. At the time of the accident, the claimant/ respondent No. 1 was aged about 22 years and he was drawing a monthly wage of Rs. 2,200/-. The fact of the accident was intimated to the owner of the vehicle, but to no avail. The respondent No. 1 became out of employment and therefore, he filed a petition claiming compensation of Rs. 2,00,000/- with interest against both the respondent No. 2, the owner of the vehicle and the appellant/ United India Insurance Co. Ltd.