NATIONAL INSURANCE CO LTD Vs. BINU BORA

JUDGEMENT

(1.) Heard Mr. S.S Sharma, learned senior counsel for the appellant. None appears for the respondents.

(2.) A claim was made by the respondent claimants before the Commissioner for Workmen Compensation at Golaghat claiming that on 20.06.2008 at about 7.30 p.m., the deceased Jiban Bora @ Pordesi was on duty as a handyman of the Tata Ace Pick-Up vehicle bearing registration No.AS-03/F-1374 and while the said vehicle was going from Golaghat town towards Badulipara through the Dhodar Ali and when it reached Halmira under Golaghat Police Station, due to rash and negligent driving of the driver, the handyman fell down on the pucca portion of the road and sustained injuries on his person. He was taken to the K.K Civil Hospital, Golaghat, where he succumbed to his injuries after a short time. Consequent thereof, Golaghat PS Case No.225/2008 under Sections 279/304(A) IPC was registered.

(3.) Before the Workmen Commissioner, the claimant Binu Bora in her deposition on oath stated that on the same incident earlier a motor accident claim case was also lodged. It was further deposed that in that case the witness had stated that her son worked as a handyman in the vehicle owned by Sri Atul Saikia. In the cross examination, a suggestion was made that she had not stated that her son had not worked with one Debojit Gogoi, which was denied. A suggestion was also made that her son had not worked as a handyman in the vehicle AS03F/1374, which was again denied.