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DEVASHIS BARUAH
Oriental Insurance Co. Ltd. , Represented By The Regional Manager – Appellant
Versus
Md. Abdul Karim, S/o. Late Babu Ali – Respondent
JUDGMENT :
1. Heard Mr. S. Dutta, the learned counsel for the appellant and Mr. I. A. Talukdar, the learned counsel appearing on behalf of the respondent No.1.
2. The instant appeal has been filed under Section 30 of the Workmen’s Compensation Act, 1923 (for short, the Act of 1923) against the judgment and order dated 11.12.2013 passed by the learned Commissioner, Workmen’s Compensation, Nagaon in W.C. Case No.95/2005.
3. The instant matter has come up before this Court for admission and to ascertain as to whether any substantial question of law arises in the appeal. For ascertaining as to whether the three substantial questions of law so proposed in the Memo of Appeal arises in the facts of the instant case, it would be relevant to take note of the brief facts of the instant case.
4. While the respondent No.1 who is the claimant on 07.10.2004 was going by the wheat loaded vehicle No.AS-02/A-1871 over the rough way of Silingoni Agricultural Farm, the vehicle suddenly capsized and turned turtle to the nearby pond due to soft soil of the path and the respondent No.1/the claimant sustained injuries. The respondent No.1 was thereupon removed to B. P. Civil Hospital, Nagaon for his trea
Total incapacity to perform work due to injury is deemed 100% functional disability, warranting full compensation under the Workmen's Compensation Act.
The appeal under Section 30 of the Workman Compensation Act is confined to substantial questions of law, and the findings of fact by the Commissioner are final unless shown to be perverse.
The insurance company is not liable for interest payments under the Workmen's Compensation Act; liability rests with the employer to pay compensation and associated interest.
The appeal under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law, and findings of fact by the Commissioner are final unless shown to be perverse.
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