UNITED INDIA INSURANCE CO. LTD. Vs. GOVIN CHANDRA
LAWS(GAU)-2018-11-165
HIGH COURT OF GAUHATI (AT: AGARTALA)
Decided on November 02,2018

UNITED INDIA INSURANCE CO. LTD. Appellant
VERSUS
Govin Chandra Respondents

JUDGEMENT

KALYAN RAI SURANA,J. - (1.) Heard Mr. S.S. Sarma, learned Senior counsel assisted by Ms. M. Mazumdar, learned counsel appearing for the appellant. None appears on call for the respondent although notice was served on them respondent through substituted service by publishing the same in the local newspaper.
(2.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 has been filed against the judgment and award dated 26.08.2002 passed by the learned Commissioner, Workmen's Compensation, Sonitpur at Tezpur in W.C. Case No. 48/2000. The appeal has been admitted for hearing on the following substantial question of law by order dated 29.06.2007. (i) Whether the insurer is liable to pay any compensation to the cleaner when the policy covered is limited to driver and conductor in a passenger carrying vehicle? Whether in view of above, the order is justified to assess 30% of earning capacity for non-scheduled injury? (ii) Whether award of interest and panel interest from the date of accident and default is permissible in view of Apex Court decision?
(3.) As per the claim case, the respondent No. 1 herein was engaged as a cleaner of a passenger bus bearing registration No. AR-01/7262, which was owned by the respondent No. 2. The said vehicle was met with an accident on 07.09.1999 at about 3:00 PM at Jaungle Balahu Gorh under Roha P.S. The accident had allegedly happened due to sudden mechanical, defect for which the said vehicle turned turtle on road side ditch. The respondent No. 1 suffered grievous injury. He was given initial treatment at Nagaon Civil Hospital and thereafter, he took treatment at Tezpur Civil Hospital. He suffered multiple injuries on his hip joints, cut injury, fracture on his right leg. The case was registered at Roha P.S. under G.D.E. No. 127 dated 07.09.1999. It was projected that the respondent No. 1 was getting a salary of Rs.2100/- including daily allowance and that the vehicle was duly insured with the appellant herein. The appellant as well as the respondent No. 2 herein had contested the claim by filing the written statement. Both of them had taken a plea of denial.;


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