ORIENTAL INSURANCE CO LTD Vs. DEWCHARAN PRASAD
HIGH COURT OF GAUHATI
ORIENTAL INSURANCE CO LTD
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Kalyan Rai Surana, J. -
(1.) Heard Mr. S. Dutta, the learned counsel for the appellant as well as Mr. M.H. Rajbarbhuiyan, the learned counsel appearing for the respondent No. 1/ claimant.
(2.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 is preferred against the judgment and award dated 20.11.2007, passed by the learned Commissioner, Workmen's Compensation, Nagaon in N.W.C. Case No. 17/2003. The appeal has been admitted for hearing on the following substantial question of law by order dated 26.03.2010.
(i) Whether while assessing compensation, the learned Commissioner could have included, within the wages, daily allowances, paid to the workman?
(ii) Whether acceptance of 40% loss of earning capacity by the learned Commissioner, while assessing and awarding the compensation is tenable in law?
(iii) Any other question or questions, which may be allowed to be raised by the Court at the time of hearing of this appeal?
(3.) The case in brief is that the respondent No. 1 was employed as a handyman of truck bearing registration No. MNP-2798, which was owned by the respondent No. 2. On 18.02.2001 while coming from Doboka towards Nagaon, the said vehicle met with an accident at Arjuntal on N.H. 36 due to mechanical defect. The Nagaon P.S. registered a case vide G.D.E. No. 344 dated 18.02.2001. The respondent No. 1 claimed that he was 32 years old and used to earn Rs.5,000/- per month including daily allowance. The said vehicle was duly insured with the appellant. By filing the claim petition, the respondent No. 1 claimed compensation of Rs.3,00,000/- with interest @ 18% per annum. The appellant as well as the owner of the vehicle i.e. respondent No. 2 submitted their written statement. In his written statement, the respondent No. 2 disclosed that the vehicle was duly insured with the appellant. He admitted the employment and income of the respondent No. 1.;
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