UNITED INDIA INSURANCE CO LTD Vs. TAIBOR ALI
LAWS(GAU)-2018-12-40
HIGH COURT OF GAUHATI
Decided on December 13,2018

UNITED INDIA INSURANCE CO LTD Appellant
VERSUS
Taibor Ali Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. S.S. Sharma, learned senior counsel assisted by Mr. H. Buragohain, learned counsel appearing for the appellants. I have also heard Smt. S.D. Saikia, learned counsel representing claimants/respondents. None has appeared for the owner of the vehicle.
(2.) Since all these appeals relate to the same accident and the appeals raise a common question of law, I propose to dispose of these appeals by this common judgement and order. For a better appreciation of the legal issue raised in these appeals, the facts and circumstances involved in MFA 94/2012 are briefly stated herein below.
(3.) The claimant Taibor Ali had approached the learned Commissioner of Workman's Compensation by filing an application under the Workman's Compensation Act, 1923 seeking compensation on account of the loss of earning capacity suffered by him due to the injuries sustained by the respondent no. 1/claimant in a motor accident that took place on 19/09/2011. According to the claimant, he was driving the vehicle (Truck) bearing No. AMP 331 owned by the respondent no. 2. On 19/09/2011, while the vehicle was proceeding from Barpeta via Sartebari towards Nalbari, the truck had met with an accident at Lalchima on PWD road. In the said accident, the claimant/respondent no. 1 claims to have sustained grievous injuries which had led to his permanent disablement preventing the claimant from performing his duties as a Driver. .;


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