THE ORIENTAL INSURANCE CO. LTD. Vs. GANESH BORO AND ORS.
HIGH COURT OF GAUHATI
The Oriental Insurance Co. Ltd.
Ganesh Boro And Ors.
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KALYAN RAI SURANA,J. -
(1.) Heard Mr. S.K. Goswami, the learned counsel for the appellant as well as Ms. S.D. Saikia, the learned counsel appearing for the respondent No. 1/claimant. None appears on call for the respondents although the notices have been duly served.
(2.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 has been filed against the judgment and award dated 07.10.2003 passed by the learned Commissioner, Workmen's Compensation, Guwahati in W.C. Case No. 240/2002. By virtue of impugned judgment and award, a sum of Rs. 1,71,234/- was awarded in favour of the respondent No. 1, to be paid with interest @ 9% from the date of filing of the claim petition i.e. 24.10.2002 till realization.
(3.) The respondent No. 1 had filed the claim petition by stating therein that on 06.07.2002, while under employment of respondent No. 2, he was driving bus bearing registration No. AS-14/2932 with some passengers from Barpeta Road towards Bongaigaon, the said bus met with an accident on NH-31 near Kalahabhanga Chowk under Barpeta P.S. at about 10.30 A.M. In the accident, he suffered grievous injury at his left leg, left hand, chest and forehead, which according to him caused permanent disablement and he was unfit for doing the job as a driver. The Barpeta P.S. registered a case vide G.D.E. No. 181 dated 06.07.2002. It was projected that the respondent No. 1 was getting a monthly salary of Rs. 2,000/- and daily allowance of Rs. 70/- per day and as the respondent No. 2 did not pay any compensation, the claim petition was filed.;
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