NATIONAL INSURANCE CO LTD Vs. ABDUL SALAM SARKAR AND 2 ORS
LAWS(GAU)-2018-7-43
HIGH COURT OF GAUHATI
Decided on July 16,2018

NATIONAL INSURANCE CO LTD Appellant
VERSUS
Abdul Salam Sarkar And 2 Ors Respondents

JUDGEMENT

Kalyan Rai Surana, J. - (1.) Heard Ms. S. Roy, learned counsel appearing for the appellant as well as Mr. S. C. Biswas, learned counsel appearing for the respondent No. 1/claimant.
(2.) By this appeal under Section 30 of the Workmen's Compensation Act, 1923, the appellant has challenged the judgment and award dated 12.09.2013 passed by the learned Commissioner, Workmen's Compensation, Abhayapuri, Bongaigaon in W.C. Case No. 102/2012, thereby awarding a sum of Rs.5,20,866/- in favour of the respondent No. 1/claimant.
(3.) The case projected in the claim petition is that the deceased, namely, Late Abu Jaid was employed in a truck bearing Registration No. As-17-B-1502. In course of his employment, on 29.10.2012, the petitioner was travelling with the vehicle from West Bengal towards Bokoliya in the district of Karbi Anglong and after unloading the goods, they were proceeding towards Bilasipara. At that time, the accused persons, namely, Osman Ali, Abdul Latif and Karim Uddin asked the driver and handyman of the truck to carry some goods from Jakholabandha to Bilasipara. Near Jakholabandha area, the accused person murdered the driver and the handyman and committed theft of the truck. The dead body of the deceased was thrown out in the National Highway 37 at Methoni Tea Estate. Later on, the police from Bokakhat P.S. recovered the dead body of the deceased and the post-mortem of the dead body was done on 02.11.2012. In the meanwhile, the police had recovered the vehicle from the possession of the above named accused persons and registered a case being Bokakhat P.S. Case No. 160/2012 under Section 120B/365/302/201 IPC. The police also registered Borpathar P.S. Case No. 66/12 under Section 365/379/411/34 IPC. At the time of the accident, the vehicle was duly insured with the appellant and the driver was driving the vehicle with a valid license. The appellant had appealed in the claim proceedings and filed their written statement and took up the usual plea, denying their liability.;


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