NATIONAL INSURANCE CO. LTD Vs. MAHANANDA DAS

JUDGEMENT

(1.) This appeal is preferred under Section 30 of the Workmen's Compensation Act, 1923 against the Judgment and Award dated 6.11.2002 passed by the learned Commissioner, Workmen's Compensation, Guwahati in W.C. Case No. 58/2001, awarding compensation of Rs. 1,01,659/- to the claimant, namely, Shri. Mahananda Das, handyman of bus No. ASU-2892, owned by Shri Bidur Chandra Das, along with simple interest at the rate of 9% p.a. w.e.f. 27.3.2001 till the date of deposit with a direction to the appellant herein to deposit the said amount of compensation along with interest within 30 days from the date of receipt of the order. Although the appeal was admitted for hearing on 27.5.2003, it was only on 9.12.2010 that substantial questions of law were formulated. The substantial questions of law formulated by this Court are as follows:

(2.) I have heard Mr. D. Mazumdar, learned counsel for the appellant. None appeared for the respondents including the claimant.

(3.) Mr. Mazumdar submits that on 14.12.2000, Bus No. ASU-2892, which is a public service vehicle, met with an accident while the same was proceeding from Barpeta Road towards Katajhar as a result of which claimant Mahananda Das sustained injuries. Driver and Conductor of the said vehicle had also filed claim petitions for compensation under Workmen's Compensation Act, 1923, for short, the Act, before the Commissioner, Workmen's Compensation, Guwahati and the same were registered as W.C. No. 57/2001 and W.C. No. 86/2001, respectively. He has submitted that the policy taken by the owner covers 38 passengers along with driver and conductor, totalling 40 in all.