NATIONAL INSURANCE CO LTD Vs. JITU DEKA

JUDGEMENT

(1.) Heard B.J. Mukherjee, learned counsel for the appellant. None appears for the respondent.

(2.) A claim was made under the Workmen's Compensation Act that on 24.10.2008, while the injured workman was on duty as handyman of 709 Star-bus bearing Regd No.AS05/B-6611 and further while the said bus was proceeding from Sarupathar side towards Golaghat through the NH-39, it met with an accident with another truck and as a result of the accident, the claimant handyman sustained injury of grievous type. After the accident, he was taken to the KK Civil Hospital, Golaghat where he was treated as an indoor patient and thereafter he was referred for treatment to the AMCH Dibrugarh. The claimant workman sustained injury over his left humerous and he was required to be given treatment with iron plate and screw over the fractured portion. The workman claimed that he was working as a handyman of the concerned bus and was paid a monthly salary of Rs. 4000/- excluding his daily wage and at the time of the accident he was about 25 years old. After the accident, he was totally disabled and has claimed an amount of Rs.5,00,000/- as compensation.

(3.) In the written statement, the owner of the vehicle admitted that the workman was under his employment and further that the vehicle concerned was insured with the appellant insurance company. The Insurance Company on the other hand filed a written statement having denied that the workman claimant was a workman and that his injuries were sustained in an accident in course of his employment.