NEW INDIA ASSURANCE CO. LTD. Vs. KINKAR DAS
HIGH COURT OF GAUHATI
NEW INDIA ASSURANCE CO. LTD.
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KALYAN RAI SURANA,J. -
(1.) Heard Mr. R. Goswami, learned counsel for the appellant as well as Mr. J. Mollah, learned counsel for the respondent.
(2.) By this appeal under section 30 of the Workmen's Compensation Act, 1923, the appellant has assailed the judgment and order dated 30.03.2007 passed by the learned Commissioner, Workmen's Compensation, Guwahati in W.C. Case No.210/2002, whereby a sum of Rs. 1,20,000/- was awarded in favour of the respondent. The said compensation was ordered to be deposited within 30 days from the date of receipt of the order and in default the appellant was required to pay interest @ 9% per annum with effect from the date of the award.
(3.) The facts and brief in the claim petition is that while working as a driver in the truck bearing registration No. AS-14-5378, which was owned by Jadabananda Choudhury (O.P. No.1 in the claim petition), on 27.05.2001, while coming from Dekiajuli, suddenly a cow came in front of the vehicle. While trying to save the cow, the respondent lost control over the vehicle. As a result of which he suffered grievous injuries. It was stated that the respondent was receiving a monthly salary of Rs. 4800/- per month along with daily allowances with which he was maintaining his family, having no other source of income. It was stated that the vehicle was duly insured with the appellant and he claimed a compensation of Rs. 4,00,000/- including penalty and interest.;
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