NATIONAL INSURANCE CO. LTD. Vs. MD. BASIR AHMED AND ORS.
HIGH COURT OF GAUHATI
NATIONAL INSURANCE CO. LTD.
Md. Basir Ahmed And Ors.
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KALYAN RAI SURANA,J. -
(1.) Heard Ms. S. Roy, the learned Counsel appearing for the petitioner and also heard Mr. M.H. Rajborbhuiya, the learned Counsel appearing for the Respondent No. 1. None appears on call for Respondent No. 2, despite notice being duly served.
(2.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 is directed against the judgment and order dated 02.09.2018, passed by the learned Commissioner, Workmen's Compensation in N.W.C Case No. 118/2001, thereby awarding a compensation of Rs. 1,95,696/- (Rupees One lakh ninety five thousand six hundred ninety six only) to Respondent No. 1 along with the interest at the rate of 12% per annum.
(3.) This appeal was admitted for hearing by this court by order dated 09.06.2010, on the following substantial questions of law:
i. Whether, the injury sustained by the claimant being one as specified in Schedule 1 Part-II of the Workmen's Compensation Act, 1923 and there being no evidence and finding at all to show that the alleged disablement of the claimant reduces his earning capacity in every employment which he was capable of undertaking at the time of accident, the learned Commissioner was justified in granting compensation in accordance of the provisions of Section 4 (1) (C) (ii) of the Act?
ii. Whether, the learned Commissioner was justified in taking into account the daily allowance in assessing the monthly salary of the claimant?;
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