NATIONAL INSURANCE CO. LTD. Vs. IMAN ALI

JUDGEMENT

(1.) Heard Mr. A. Dey, learned counsel who appears on instruction from Mr. R. Sarma, learned counsel who originally appeared for the appellant Insurance Company. It is stated that Mr. R. Sarma has in the meantime been appointed as a Member of the Foreigners Tribunal and therefore, he is not appearing any further in the matter. Mr. A.U. Ahmed, learned legal aid counsel appears for the claimant respondent.

(2.) A claim was filed before the Commissioner, Workmen's Compensation, Tezpur bearing W.C. Case No 12/2008 in respect of the injury sustained by the claimant in an accident that took place on 22.12.2006 in respect of vehicle No.AS-21/3248 of which the claimant was an employee. In the proceeding before the Commissioner, the claimant workman examined himself as PW-1 and deposed that he was employed as a labourer by the owner in truck bearing No.AS-21/3248 for the purpose of loading and unloading of goods. For the employment, he was paid a salary of Rs.4,000/- per month and Rs.50/- as daily allowance. He further deposed that while he was performing his duties as a labourer, the truck met with an accident on 22.12.2006 and as a result, the claimant sustained injuries.

(3.) Pw-2 who was the doctor who attended to the injuries of the claimant deposed that as a result of the injuries, the claimant had developed osteoarthritis of his hip joint, because of which he has difficulty in working. PW-2 the doctor deposed that the claimant had developed 35% physical disability which was permanent in nature and as a result he had a loss of 45% of his earning capacity and because of the injuries sustained, the claimant would have difficulty in doing his earlier job. In cross examination, the core evidence led by the doctor had not been confronted other than putting a view that he was not a oethopaedic surgeon or that the type of injury that the claimant had sustained may also be suffered by falling on a hard substance and further that because of the nature of treatment he received the condition of the injured got aggravated.