NEW INDIA ASSURANCE CO. LTD. Vs. RUMI BEWA

JUDGEMENT

(1.) Heard Ms. M. Choudhury, learned counsel for the appellant Insurance Company. Earlier Ms. R. Goswami, learned counsel was appointed as the legal aid counsel, but the learned counsel is not representing the respondent as discernible from the order sheet. Consequently, we appoint Mr. A. Dhar, learned counsel to be the legal aid counsel to represent the interest of the respondent workman.

(2.) The claimant had lodged the present claim before the Commissioner, Workmen's Compensation, Dhubri for a compensation due to the death caused to her husband namely, Rafiqul Islam who was employed as an handy man in the Vehicle No. AS-17-2416 which is stated to be a canter vehicle. The vehicle concerned met with an accident on 08.04.2007 while proceeding from Gauripur towards Bilasipara. As a result of the accident, the husband of the claimant respondent sustained multiple injuries on his body because of which he died on the spot. Without going into the details of the claim, we take note of that the claimant respondent in her deposition had deposed that the deceased workman was receiving a salary of Rs. 4000/- to 4500/- per month.

(3.) The appellant Insurance Company by relying upon the written statement submitted by the owner of the vehicle who was arrayed as the opposite party No.1 in the claim proceeding takes a stand that in the written statement, the owner of the vehicle had stated that the deceased workman was paid a salary of Rs. 3,000/- per month including daily allowance. The claimant respondent on the other hand in her deposition as already averred had deposed that the deceased workman received a salary of Rs.4,000/- to 4500/- which also is stated to include the daily allowance.