UNITED INDIA INSURANCE CO LTD Vs. MAHENDRA NATH
LAWS(GAU)-2018-12-126
HIGH COURT OF GAUHATI (AT: AGARTALA)
Decided on December 18,2018

UNITED INDIA INSURANCE CO LTD Appellant
VERSUS
MAHENDRA NATH Respondents

JUDGEMENT

SUMAN SHYAM,J. - (1.) Heard Ms. M. Choudhury, learned counsel for the appellant. None has appeared for the respondents.
(2.) This appeal has been preferred under Section 30 of the Workmen's Compensation Act, 1923 against the judgment and award dated 20-03-2012 passed by the learned Commissioner of Workmen's Compensation, Nagaon in NWC Case No. 95/2006.
(3.) The facts of the case, in a nutshell, are that the truck bearing No. AS-01V-1314 belonging to the respondent No. 2 had met with an accident on 10-06-2006 while the vehicle was being driven by the respondent No. 1, which was proceeding from Tuktuki, Nagaon towards Jorhat. Including the respondent No. 1, there were as many as 05 employees of the respondent No. 2 in the said vehicle when the same had met with the accident. In the aforesaid accident all the 05 employees had allegedly suffered injuries. According to the respondent No. 1, injuries suffered by him was in the nature of fracture in the right shoulder joint, right arm, right elbow, right ear and also head injury, which had resulted in permanent disability to the extent of 35% leading to loss of his earning capacity. By assessing the loss of earning capacity of the respondent No. 1 to be 30% and taking his monthly salary as Rs. 4,000/-, the learned Commissioner had awarded the sum of Rs. 1,49,746/- to the respondent No. 1 as compensation for the loss of earning capacity suffered by him. Aggrieved thereby, the present appeal has been filed by the insurance company.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.