UNITED INDIA INSURANCE CO. LTD Vs. SHAHIDUL ISLAM & ANR.
HIGH COURT OF GAUHATI
UNITED INDIA INSURANCE CO. LTD
Shahidul Islam And Anr.
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(1.) Heard Ms. S. Roy, learned counsel for the appellant as well as Mr. S. Ahmed, learned counsel for the respondent No. 1/claimant.
(2.) This appeal under Section 30 of the Workmen's Compensation Act , 1923 has been filed against the judgment and award dated 09.09.2010 passed by the learned Commissioner, Workmen's Compensation, Barpeta in W.C. Case No. 14/2009. The appeal has been admitted for hearing on the following substantial question of law by order dated 03.02.2012.
(i) Whether the learned Commissioner, Workmen's Compensation was right in determining the compensation under Section 4(1)(c) when the evidence of injuries are not scheduled without ascertaining the compensation under Section 4(1)(d) of the Workmen's Compensation Act, 1923 in compliance of the provision of Section 2(g) of the said Act?
(ii) Whether the learned Commissioner, Workmen's Compensation was right in sending liability to pay interest on the insurer?
(3.) The case projected before the learned Commissioner was that the respondent No. 1 herein was an employee of the respondent No. 2 and was employed as a driver in vehicle bearing registration No. AS-15/A-2756. On 18.05.2008, while the said vehicle was proceeding from Sukmanah Bazar towards Howly, it met with an accident at Iterbhita at N.H. 31 at about 10:50 AM. As a result of the accident, the respondent No. 1 suffered grievous injuries i.e. the fracture of left forearm. He was treated by a Doctor at Howly. The said accident was registered at Howly O.P. vide GDE No. 442 dated 18.05.2008. The respondent No. 1 claimed that he was about 20 years of age at the time of the accident and he used to receive monthly salary at the rate of 4,500/- per month. It was also projected that the respondent No. 2 got the information of the accident on the same date, but he did not take any initiative to compensate the respondent No. 1. The claim petition was filed seeking compensation of Rs.5,00,000/- (Rupees five lakh only) with interest @ 12%.;
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