NEW INDIA ASSURANCE CO LTD Vs. SHAHER ALI AND ORS
HIGH COURT OF GAUHATI
NEW INDIA ASSURANCE CO LTD
Shaher Ali And Ors
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Kalyan Rai Surana, J. -
(1.) Heard Mr. R. Goswami, the learned counsel for the appellant and Mr. A. Alom, the learned counsel for the respondent No. 1. None appears on call for the respondent No. 2.
(2.) This appeal under Section 20 of the Employees' Compensation Act, 1923 is against the judgment and award dated 27.01.2012 passed by the learned Commissioner, Workmen's Compensation, Abhayapuri, Bongaigaon in W.C. Case No. 142/2010.
(3.) The case of the respondent No. 1 in the claim petition is that he was engaged as a driver in respect of a truck bearing Registration No. AS-19/A-8082. On 15.01.2010 at about 7:30 AM while going from North Salmara towards Goalpara at Naranarayan Setu another truck bearing Registration No. AS-01/CC-0121 coming from the opposite direction in a rash and negligent manner collided with the truck. As a result of the accident, the respondent No. 1 sustained grievous injuries. The truck was owned by respondent No. 2. The respondent No. 1 had stated that he was 24 years old and had received salary of Rs. 6000/- per month and further sum of Rs. 75/- as daily allowance. He claimed that his right leg has become functionless, which had caused permanent physical disablement and had rendered him unfit to work as a driver in future life and had caused deduction of 100% of his earning capacity. The respondent No. 1 had claimed compensation of Rs. 10 Lakh with interest. The said accident was registered as Jogighopa PS Case No. 5/2010 under Sections 279/337/338/427 IPC. The said vehicle was insured with the appellant. The claim petition was registered as W.C. Case No. 142/2010.;
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