Rumi Kumari Phukan, J.

1. I have heard Mr. S.S. Sarma, learned senior counsel for the appellant and Mr. S.K. Barkataki, learned counsel for respondent No. 1/claimant.

2. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923, preferred against the judgment & order dated 18.01.2006 passed by the Commissioner, in N.W.C. Case No. 12 of 2003 awarding Rs. 3,81,222.00 in favour of the claimant and against the appellant as insurer.

3. The respondent No. 1/claimant Sri Dinesh Roy, lodged a claim petition before the Commissioner, Workmen's Compensation Act, vide Nagaon W.C. Case No. 12/2003, claiming compensation for injury he sustained in an accident arising out of his employment. Brief facts of the claimant's case can be narrated as below:

The claimant was the Driver with valid driving license No. 6695/01/NGG in the Vehicle No. AS-02/1175 (Mini Truck) owned by the O.P. No. 1. It is the case of the claimant that on 16.11.2002, the said vehicle was proceeding from Nagaon towards Chaparimukh and due to some mechanical problems, the vehicle was stopped by the claimant on the left side of the road at Pub-Salmara. Another vehicle coming from opposite side dashed the side