NATIONAL INSURANCE CO. LTD. Vs. KUNDAL DAS

JUDGEMENT

(1.) Heard Mr. H.K. BuragohainU. Chakraborty, learned counsel for the appellant. Also heard Mr. K. K. Dey, learned counsel for the respondents/Workmen.

(2.) A claim was made before the Commissioner Workmen's Compensation, Guwahati that the respondent claimant was employed as a Handyman in the Vehicle No. AS-01-G/7415 and he was paid a monthly salary of Rs.3,600/- including allowances. On 22.12.2001 when the vehicle was proceeding from Barpeta towards Guwahati and while the petitioner was on duty, it met with an accident, as a result of which the claimant sustained grievous injury on his person.

(3.) Before the Commissioner, the respondent claimant deposed that while he was on duty as a Handyman in the vehicle No. AS-01-G/7415, it met with an accident on 22.12.2001 and as a result of the accident he fell down from the foot board of the bus where he was standing and sustained injuries on his left foot and other parts of the body. The owner of the vehicle entered appearance by filling his written statement and admitted that the claimant was under his employment and that he was paid salary of Rs.3,600/- per month. The claimant was examined by Dr. Suresh Chandra Sarma under whom the claimant was on treatment. The doctor deposed that there was loss of earning capacity of 40% of the claimant. Based on the aforesaid evidence, the Commissioner in his judgment dated 24.07.2008 awarded a compensation amounting to Rs.1,56,175/-, and in default thereof an interest @ 12% per annum till the date of the payment.