G.C.De, J. - (1.) National Insurance Company Limited (hereinafter referred to as 'the insurer') filed this appeal under section 30 of the Workmen's Compensation Act, 1923 challenging the judgment and order dated 30.1.1997 passed by the Commissioner, Workmen's Compensation, West Bengal, Second Court in Claim Case No. 529 of 1995.
(2.) The applicant respondent No. 1, Bhim Dey @ Bhola Dey filed the claim case claiming a compensation of Rs. 1,03,990/- alleging that in course of his employment on 2.11.84 as a khalasi, in Vehicle No. WB-11 0495 belonging to the respondent No. 2, M/s. Vedant Automobilies (P) Limited, he sustained injuries on his waste, back and right leg as the vehicle on its way to Haringhata near Jagulia, within P.S. Haringhata dashed against a road-side tree. Initially, he was treated at Kalyani Hospital for two days and thereafter, he was treated at Howrah General Hospital as an indoor patient for about three months and subsequently, he was also treated as an outdoor patient for another three months in the same hospital. As a result of the accident, he was not in a position to move without the help of a pair of crutch. The claimant was examined by a doctor who issued a certificate to the effect that the claimant sustained permanent total disablement of hundred percent. At the relevant time the claimant was getting a salary of Rs. 1500/- per month and he was aged 30 years. The appellant, National Insurance Company Limited was the insurer of the vehicle at the relevant time and hence, the claim was made against the owner as well as the insurer of the said vehicle.
(3.) The owner of the vehicle (respondent No. 2) appeared and filed a written statement admitting the accident and employment of the victim as a khalasi of the vehicle in question and contended that the claimant was earning Rs. 1400/- per month as wages.;