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2016 Supreme(Gau) 165

N.CHAUDHURY
Oriental Insurance Co. Ltd. – Appellant
Versus
Md. Nur Zamal Sk – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. M. Choudhury
For the Respondents: Mr. R.K. Agarwala

JUDGMENT :

This appeal under Section 30 of the Workmen’s Compensation Act, 1923 ( now renamed as ‘Employees Compensation Act, 1923’) has been preferred by the Oriental Insurance Company challenging the Judgment and award dated 30.12.2014 passed by the learned Commissioner Employee’s Compensation, Dhubri, Assam in E.C. Case No. 20 of 2012. By that judgment, the learned Commissioner has assessed the physical disability and loss of earning capacity of the workman at 30% and thereupon assessed the compensation of Rs.2, 62,074/- along with interest @ of 7% per annum from the date of filing of the application till payment. This judgment and award dated 30.12.2014 has been in the present appeal.

2. The claimant Nur Zamal Sk appeared before the WC Employees Compensation Commissioner, at Dhubri claiming that on 26.6.2012 at about 3.30 am while he was on duty along with his other staff, the vehicle bearing registration No. AS-17B/1778 (Truck) belonging to Sujit Paul met with an accident on National Highway -34 within the district of Uttar Dinazpur at West Bengal. In the process, he sustained compound fracture injuries on his tibia and fibula of the right leg. Karandigi P.S. Case No. 394 of 201















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