JUDGMENT :

Suman Shyam, J. - Heard Mr. R. Goswami, learned counsel for the appellant. I have also heard Mr. N.N.B. Choudhury, learned counsel appearing for the respondent No. 1 and Mr. M.H. Rajbarbhuiya, learned counsel representing the respondent No. 2.

2. This appeal has been preferred against the judgment and order dated 20.9.2012 passed by the learned Commissioner of Employee's Compensation, Nagaon in NWC Case No. 4 of 2005, awarding a sum of Rs. 1,99,233 as compensation to the respondent No. 1 for the loss of earning capacity suffered by him. The appellant insurance company has been directed to deposit the amount.

3. This appeal was admitted to be heard on the following substantial question of law:

Whether the claimant-respondent No. 1 is covered by policy of insurance as per provisions of section 147 of the Motor Vehicles Act (for short 'the Act of 1988')?

4. The basic facts of this case are not in dispute. The respondent No. 1- claimant was engaged as a 'handyman-cum-cleaner' on a 709 minibus bearing registration No. AS 02-A 0851 owned by the respondent No. 2. On 29.7.2004, while the said vehicle was proceeding from Nagaon towards Guwahati, the claimant got down from the bus bu