The Oriental Insurance Co. Ltd through its Regional Manager has preferred this appeal challenging the judgment and award dated 28.2.2006 passed by the learned WC Commissioner at Guwahati in WC Case No. 53 of 2004 thereby directing the insurance company to make payment of Rs. 1,02,186/- as compensation to the claimant under section 4(i) © (ii) of the Workmen Compensation Act, 1923 (now renamed as ‘Employees Compensation Act, 1923’ and hereinafter referred to as ‘ the Act’).

2. The basic fact involved in this appeal is that one Sahadat Khan filed a claim petition before the WC Commissioner stating that he was employed by one Mazid Ali of Barpeta as handyman of a Tata Mobile vehicle No. AS-15/7806. On 5.1.2004, when the vehicle was moving, it met with an accident at NH-30 at Chakchaka under Sorbhog PS. The vehicle turned turtle on the left side of the road and consequently the handyman sustained fracture injury on his head and on his right humerus in addition to a contusion on right joint and bruise on other parts of the body. He was initially treated at SHC Sorbhog and thereafter to Barpeta Civil Hospital . According to him, because of the injuries, he could not pursue h