HDFC ERGO GENERAL INSURANCE CO LTD Vs. NOOR MAHAMAD AND ANR
LAWS(GAU)-2018-11-57
HIGH COURT OF GAUHATI
Decided on November 20,2018

HDFC ERGO GENERAL INSURANCE CO LTD Appellant
VERSUS
Noor Mahamad And Anr Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. R. Goswami, learned counsel appearing for the appellant. I have also heard Mr. S.K. Ghosh, learned counsel representing respondent no.1 and Mr. K. Singha, learned counsel appearing for the respondent no. 2.
(2.) This appeal has been preferred by the insurance company against the judgement and award dated 23/04/2014 passed by the Commissioner of Employees Compensation, Nagaon, Assam in NWC Case No. 103/2008, awarding a sum of Rs. 2,30,656/- together with interest @ 12% per annum with effect from the date of the accident till realization, in favour of the claimant/respondent no. 1, on account of the permanent disability suffered by him due to the motor accident.
(3.) The facts of the case, in a nutshell, are that on 12/03/2008 at about 11-30 a.m. when the claimant had got down from the vehicle so as to collect tickets from the passengers, another vehicle bearing no. AS02 A-1312 coming towards the standing vehicle had knocked him down, as a result of which, the claimant had suffered serious injury in his body including fracture in his middle and left fibula and also severe injury in his chest which had lead to his permanent disability to the extent of 50% leading to loss of his earning capacity to the extent of 60%. The accident took place when the claimant was serving as a Ticket Collector in the TATA SPACIO vehicle bearing No. AS 02/E-0133 owned by the respondent no. 2 and at the time of the accident, the age of the claimant was 27 years. As such, the claimant had filed his claim petition seeking compensation on account of loss of earning capacity.;


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