N.CHAUDHURY
National Insurance Company Limited – Appellant
Versus
Md. Abdul Kalam – Respondent
1. One Sushil Dutta owned a truck bearing registration No. ASJ-9574 and engaged Md. Abdul Kalam, Md. Akbar Ali and Md. Nasiruddin as employees with respect to the said vehicle. Md. Abdul Kalam was engaged at a monthly salary of Rs. 1,000/- and a daily allowance of Rs. 100/- for loading and unloading goods in the vehicle. Md. Akbar Ali was engaged as a cleaner in the vehicle at a monthly salary of Rs. 1,500/- in addition to a daily allowance of Rs. 80/-. Similarly, Md. Nasiruddin was engaged as a labourer at a monthly salary of Rs. 1,000/- in addition to a daily allowance of Rs. 100/- for loading and unloading goods from the truck. On 07.02.2002 when the vehicle was moving from Bamuni towards Nagaon Town in a loaded condition with all the aforesaid 3 (three) workers on board, it met with an accident at about 6.30 p.m. due to collision with another vehicle which was coming from opposite direction. Because of the accident, all the three employees sustained injuries on their persons resulting in permanent partial physical disabilities and consequently they lost earning capacity substantially. According to Abdul Kalam, he sustained physical disability to the extent of 30% causing
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