NATIONAL INSURANCE CO LTD Vs. BASANTA SARMA AND ANR
HIGH COURT OF GAUHATI
NATIONAL INSURANCE CO LTD
Basanta Sarma And Anr
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Kalyan Rai Surana, J. -
(1.) Heard Ms. S. Roy learned counsel for the appellant as well as Mrs. S.D. Saikia learned counsel for the respondent No.1 and Mr. A.D. Choudhury learned counsel for the respondent No.2.
(2.) This appeal under section 30 of the Workmen's Compensation Act, 1923 is directed against the judgment and award dated 20.08.2007 passed by the learned Commissioner, Workmen's Compensation, Guwahati in W.C. Case No.77/2004. This appeal was admitted by order dated 07.01.2011 on the following substantial question of law:-
(1) Whether the claimant who has renewed his driving license after the accident, the learned Commissioner was justified in coming to a finding that the claimant suffered temporary disability after the renewal of the license and awarded compensation?
(3.) The case of the respondent No.1/ claimant in brief is that he was working as a driver in Bus No. AS-15/2702 owned by the respondent No.2 herein. On 30.01.2004 at about 8:30 pm, while ferrying passengers from Pathsala to Markha, the bus met with an accident at Birkale Chowk under Pathsala Police outpost and as a result of the accident, the respondent No.1 sustained grievous injuries. He claimed that he was 35 years of age at the time of accident and was receiving monthly salary of Rs.4800/- per month.;
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