NEW INDIA ASSURANCE CO LTD Vs. MOTIUR RAHMAN AND ORS
LAWS(GAU)-2018-2-8
HIGH COURT OF GAUHATI
Decided on February 01,2018

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
Motiur Rahman And Ors Respondents

JUDGEMENT

Kalyan Rai Surana, J. - (1.) Heard Mr. S. Dutta, learned counsel for the appellant. None appears on call for the respondents although the notices have been duly served.
(2.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 has been filed against the judgment and award dated 17.07.2004 passed by the learned Commissioner, Workmen's Compensation, Nagaon in N.W.C. Case No. 289/2001. The appeal has been admitted for hearing on the following substantial question of law by order dated 08.01.2018. (i) Whether the loss of earning capacity can be assessed by the Doctor whimsically without there being any basis for determination of the same? (ii) Whether interest on the awarded amount of compensation can be imposed from the date of the accident?
(3.) As per the claim petition, the respondent No. 1 is the driver of the Maruti Van bearing registration No. AS-02-A/6037, belonging to respondent No. 2. While driving the said vehicle from Nagaon towards Panigaon Sankar Mission Chariali, it met with an accident. It was stated that while trying to save a woman, who suddenly came running before the car, the respondent No. 1 took the vehicle towards extreme side of the road and as a result the vehicle dashed against the telephone post and the respondent No. 1 sustained grievous injury. The traffic branch of Nagaon P.S. registered a case vide G.D.E. No. 78 dated 04.06.2001 and investigated the occurrence and the respondent No. 1 was taken to B.P. Civil Hospital for treatment. The respondent No. 1, by filing a claim petition before the learned Commissioner, Workmen's Compensation, sought for compensation of Rs.5,00,000/-. The respondent No. 2 as well as the appellant filed their written statement and contested the claim. While the appellant denied the claim, the respondent No. 2 admitted the accident, the employment and the salary of the respondent No. 1 and disclosed that the offending vehilce was insured with the appellant.;


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