NATIONAL INSURANCE CO. LTD. Vs. MD. ABDUL HAI

JUDGEMENT

(1.) Heard Ms. S. Roy, learned counsel for the appellant. Also heard Mr. M.H. Rajbarbhuiyan, learned counsel for the respondents.

(2.) The claim before the Commissioner for Employee s Compensation, Tezpur, Sonitpur resulting in Case No.SCW 10/2001 was that on 2.2.2001 when the claimant, who was working as a driver in Truck No.AS-25/0358, was proceeding from Nagaon, had met with an accident at a place called Gumutha gaon. As a result of the accident, as per evidence of the doctor who had attended to the claimant workman, he had sustained injuries on low back region. In the evidence of the doctor, an opinion was given that the claimant workman had suffered 40% disability and he has lost his earning capacity by 50 per cent.

(3.) We have taken note that the doctor in his evidence had not specifically stated as to whether the injuries sustained by the workman claimant was of permanent in nature or it was of temporary nature.