MD ABDUL SATTAR Vs. COMMISSIONER

JUDGEMENT

(1.) None appears for the appellant when the matter is called. Order sheets show that none appeared when the matter was called on 26.02.2019. Heard Mr. G. Bordoloi, learned counsel appearing for the respondent No.1.

(2.) By this appeal, the order dated 30.08.2006 passed by the Additional Deputy Commissioner cum Commissioner Workmen's Compensation, Bongaigaon in Case No.WC 08/2002 has been assailed. In the claim, a compensation of Rs.3,55,000/- was sought for the injuries sustained by the claimant in a vehicular accident that took place on 24.10.2002. According to the claimant, he was employed as a driver of the truck bearing registration No.AS-18/1350 and was paid a salary of Rs.3000/- per month and that he had worked in the vehicle as a driver for about 1 1/2 years. According to the claimant, while he was returning from Kolkata while discharging his duties as a driver of the vehicle, he had stopped the vehicle on 24.10.2002 at about 7 p.m as it had developed some mechanical problem and parked it near a petrol pump. At that time, another vehicle came from behind and knocked the standing vehicle and as a result of it, the claimant suffered serious injuries on his head and he became unconscious. The handyman of the vehicle Abdul Barek and others took him to a nearby pharmacy and from there he was taken to Paramount Hospital, Siliguri for better treatment.

(3.) The Insurance Company by filing written statement took the stand that the claim is a false claim. The owner of the vehicle filed a written statement stating that it is a false and fraudulent claim and that the claimant was never employed by the owner of the vehicle as a driver. It was stated that the claimant occasionally worked as a driver on casual basis when the permanent driver was on leave, but on the day of the accident, he was not employed as a driver. It is also stated that in respect of the accident referred by the claimant, neither any GD entry had been entered in any nearby police station nor the vehicle had met with any such accident.