1. This is an appeal under Section 30 of the Workmen’s Compensation Act, 1923, directed against the Judgment and Award dated 10.04.2008, of the Commissioner, Workmen’s Compensation, Guwahati, passed in W.C. Case No. 23 of 2006.

2. The appellant in this appeal is an Insurance Company who was the Respondent No. 2, in the said W.C. Case No. 23 of 2006, before the Commissioner, Workman’s Compensation, Guwahati.

3. The brief facts and circumstances which led to the filing of this appeal are as follows:

On 28.02.2006, Shri Babul Sutradhar of Shanti Nagar Village, Barpeta District (who shall be hereinafter referred to as Respondent/Claimant) filed an application before the Commissioner, Workmen’s Compensation, Guwahati, claiming that he was employed by one Smt. Tungalata Bharali of Ishapurhati Village, Barpeta District as handyman of her bus bearing Registration No. AS-15/4625, with a monthly pay of Rs. 3,000/-. And while he was so employed, on 19.10.2004, the said bus met with an accident at about 10 am at Kandukana and due to the same, he suffered, fracture on his left humerus, injury on scalp and other parts of his body. Therefore, he was immediately rushed to Barpeta Ho