LAWS(GAU)-2019-8-26

NATIONAL INSURANCE COMPANY LIMITED Vs. RANA ALI

Decided On August 29, 2019
NATIONAL INSURANCE COMPANY LIMITED Appellant
V/S
Rana Ali Respondents

JUDGEMENT

(1.) Heard Ms. S. Roy, learned counsel for the appellant. Also heard Mr. S. Banik, learned Amicus Curiae and Mr. A.K. Hussain, learned counsel for the owner of the vehicle.

(2.) Being aggrieved by the judgment dated 01.04.2011 in Case No.WC 24/2006 of the Commissioner, Workmen's Employee's Compensation, Dhubri, the present appeal has been preferred. The only ground taken in the appeal is that the percentage of injury sustained by the workman had not been assessed by a proper authority, but the Commissioner of Workmen on its own took up the responsibility and assessed it to be 30%.

(3.) For the purpose, reliance has been placed on the pronouncement of this Court in New India Assurance Co. Ltd., -vs- Sanjit Kumar and Anr., 2000 2 GAULT 567 which has been held that 'power is not available with the Commissioner', meaning thereby, that power to assess the injury and the earning capacity is not available with the Commissioner. Technically the Insurance Company is ready in taking such ground, but the effect thereof is that although it was the case of injury of the year 2002 and the judgment is of the year 2011, the injured workman had not received any amount till date.