NATIONAL INSURANCE CO. LTD Vs. HABIBUR RAHMAN
HIGH COURT OF GAUHATI
NATIONAL INSURANCE CO. LTD
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KALYAN RAI SURANA,J. -
(1.) Heard Mr. S.S. Sarma learned Senior Counsel assisted by Ms. M. Mazumdar learned counsel for the appellant.
(2.) This appeal under section 30 of the Workmen's Compensation Act, 1923 is directed against the judgment and award dated 09.09.2003 passed by the learned Commissioner, Workmen's Compensation, Guwahati in WC Case No.207/2002, thereby awarding a sum of Rs.1,69,394/- in favour of the respondent. The appeal was admitted by order dated 10.06.2004. However, the substantial question of law on which the appeal has been heard was not formulated. Hence, the following substantial questions of law are formulated on which this appeal has been heard:-
1. Whether in light of certificate dated 7.12.2002 issued by the Officer-incharge, Hajo P.S. in connection with Hajo P.S. GDE No.147/02 dated 07.05.2002 to the effect that on 07.05.02 at about 8:30 a.m. at Pakar Kuna village on PWD road one line bus bearing registration No.AS-14/4871 met with accident as a result one Md. Giasuddin Ahmed is injured "One Habibur Rahman S/o Lt. Abdul Aziz of village Galabil, P.S. Tarabari Dist. Barpeta was driving the above mentioned vehicle at the time of accident", the finding by the learned Commissioner, Workmen's Compensation that Md. Habibur Rahman was a victim of the same accident is perverse?
2. Whether the learned Commissioner could have relied on the injury report (Exbt.1) dated 20.01.2003 and the injury report (Exbt.6) to award compensation?
(3.) The brief facts of the case as stated in the claim petition is that on 07.05.2002 while the respondent No.1 was driving the bus bearing registration No.AS-14-4871 from Gamafulbari Madrassa towards Guwahati with passengers, the said bus met with an accident at Pakarkona PWD Road under Hajo P.S., which is recorded vide GD Entry No.147/2002. Due to the accident the respondent No.1 sustained grievous injuries, leading to his permanent total disablement. Projecting that he was earning a salary of Rs. 4200/- per month including allowances and stating that his age was 25 years at the time of the accident, a claim for compensation of Rs.6,50,000/- was made. The appellant contested the case by filing their written statement taking usual plea and requiring the respondent to a strict proof of his claim.;
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