- (1.) In this appeal under Section 30 of the Workmen's Compensation Act, 1923 (now renamed as Employees' Compensation Act, 1923), the insurance company has challenged the judgment and award dated 30.03.2006 passed by the Commissioner, Workmen's Compensation, Dhubri in W.C. Case No. 2/2004. By this judgment and award, the W.C. Commissioner has directed the insurance company to make payment of Rs. 1,77,904/- to the claimant and the owner of the vehicle has been directed to make payment of Rs. 50,703/- towards interest on compensation. While the insurance company has preferred MFA No. 65/2006 challenging the judgment and award dated 30.03.2006 in entirety, the owner, namely, Narayan Chandra Saha has preferred MFA No. 51/2006 against the decision of the W.C. Commissioner directing the owner to make payment of interest component of the impugned judgment and award. Since, both the appeals are directed against two parts of the same judgment and award, both the appeals are taken up together for disposal.
(2.) One Narayan Mondal filed a claim petition before the W.C. Commissioner at Dhubri leading to registration of W.C. Case No. 2/2004. The claimant stated that he was appointed as conductor in the bus bearing registration No. AS-19- 1687 belonging to the opposite party No. 1, Narayan Chandra Saha and that he was paid monthly salary of Rs. 500/- along with daily allowance of Rs. 70/-. According to the claimant, while the vehicle was moving from Guwahati to Dhubri on 01.02.2003, it met with an accident near Deuduar under Kamalpur Police Station due to mechanical defect. The claimant sustained multiple injuries on his person because of the accident and became permanently and partially disabled. He was taken to Deka Clinic at Baihata for preliminary treatment and thereupon he was shifted to Dhubri for treatment. He was treated by Dr. RK Mahato, who referred him to Orthopeadic Surgeon. Thereafter he received treatment at Vevekananda Nursing Home at Patna. According to the claimant, he sustained injuries on left hand, left leg and other parts of the body.
(3.) Kamalpur Police Station made G.D. Entry No. 812 dated 01.02.2003 and G.D. Entry No. 386 on 04.02.2003 in connection with the aforesaid incident. On being summoned, the O.P. No. 1 and 2 appeared and submitted written statement. O.P. No. 1 being the owner of the vehicle admitted employment of the claimant under him and stated that he used to pay Rs. 500/- to the claimant per month as salary and Rs. 70/- as daily allowance. The O.P. No. 2, on the other hand, appeared and denied liability of making any payment. Usual objection as to maintainability and bar under Section 10 of the Workmen's Compensation Act apart from quantum of salary and correctness of accident etc. were taken in the written statement of the insurance company.;