UNITED INDIA INSURANCE CO LTD Vs. BABUL SARKAR AND 2 ORS
HIGH COURT OF GAUHATI
UNITED INDIA INSURANCE CO LTD
Babul Sarkar And 2 Ors
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Suman Shyam, J. -
(1.) Heard Ms. I. Das, learned counsel for the appellant. I have also heard Mr. H. Das, learned counsel representing the respondent No. 1. None has appeared for the respondent Nos. 2 and 3.
(2.) This appeal is directed against the award dated 20-02-2010 passed by the learned Member, MACT, Goalpara in MAC Case No. 281/2004 awarding a sum of Rs. 3,69,186/- to the claimant/ respondent No. 1 on account of loss of earning capacity suffered by him due to the injury suffered in the motor accident.
(3.) The facts of the case, briefly stated, are that the claimant was working as cleaner (handyman) in the truck bearing number AS-01D-4271 which had met with an accident on 09-02-2004 near the Fatasil Glass Factory at Guwahati. In the aforesaid accident, the claimant has sustained fracture in his leg and there was displacement of bony fragment involving the mid third of left femur, head injury and other associated injuries leading to permanent disablement. Taking note of the nature of injuries suffered by the claimant and on appreciation of the evidence available on record, the learned Tribunal had awarded compensation by taking the monthly income of the claimant as Rs. 3000/- and his age at the time of accident to be between 20-25 years. The impugned award has been assailed primarily on the ground that the claimant being a workman, the proceeding ought to have been registered and conducted under the provision of the Workmen's Compensation Act, 1923 instead of Motor Vehicles Act, 1988.;
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