A learner's license does not exempt an insurer from liability for compensation, and death due to an assault following an employment-related accident can be regarded as arising out of employment.

JUDGMENT :

MRIDUL KUMAR KALITA, J.

1. Heard Ms. R.D. Mazumdar, the learned counsel for the petitioner. Also heard Ms. P. Barman, the learned counsel for the respondent Nos. 1, 2 and 3.

2. This appeal under Section 30 of the Workmen's Compensation Act, 1923, has been filed by the appellant, i.e., National Insurance Company Limited against the judgment and award dated 30.12.2017, passed by the learned Commissioner, Employee’s Compensation, Nagaon, Assam in N.E.C. Case No.17/2016.

3. By the impugned judgment and award, the learned Commissioner for Employee’s Compensation, Nagaon had awarded a compensation amount of Rs. 6,70,160/- (Rupees Six Lakh Seventy Thousand and One Hundred Sixty only) to the respondent Nos. 1, 2, 3, and 4, on account of death of Giyas Uddin, during the course of an arising out of his employment. The appellant was directed to pay the said compensation amount within a period of 30(thirty) days from the date of receipt of the order, failing which it was directed to pay an interest @ 12% per annum on the awarded amount from the date of accident till the realization of the awarded amount.

4. The facts relevant for consideration of the instant appeal, in brief, is that the husband of the respondent No. 1, namely, Giyas Uddin, was the driver of the vehicle bearing Registration No. AS-02C-9455 (Tata Indica). Late Giyas Uddin, was employed by the respondent No.5, herein. On 06.04.2016, at about 7:30 PM, while he was driving the aforesaid vehicle from Sialmari to Nagaon town, he met with an accident with a motorcycle at Madhupur, Kadamtala Bazar. After the said accident, some person physically assaulted him badly, as a result of which, he sustained serious injuries. He was immediately transferred to B. P. Civil Hospital, Nagaon, where he succumbed to his injuries.

5. In this connection, a police case, i.e. Nagaon P. S. Case No.853/2016 was registered under 302 of the INDIAN PENAL CODE , 1860. On death of the Giyas Uddin, his widow, i.e. the respondent No. 1 of this appeal and his daughters, respondent Nos. 2, 3 and 4, had filed a claim petition before the Commissioner, Employee’s Compensation, Nagaon, Assam-cum- Assistant Labour Commissioner, Nagaon, under Section 22 of the Workmen's Compensation Act, 1923, for grant of compensation on account of death of Giyas Uddin, on 07.04.2016, during the course of his employment.

6. In the said claim petition, the employer of late Giyas Uddin, namely, Md. Akbar Hussain, (respondent No. 5 in this appeal) as well as the National Insurance Company Limited (the appellant and the insurer of the vehicle, bearing Registration No.AS-02C-9455 (Tata Indica) were named as the opposite party. The opposite party contested the claimed case by filing a written statement. Upon pleadings of the parties, the following issues were framed by the Commissioner, Employee’s Compensation, Nagaon:-

i. Whether the deceased Giyas Uddin, was the employee in the vehicle bearing Registration No. AS- 02C-9455 (Tata Indica), under the employment of opposite party No. 1.

ii. Whether Giyas Uddin, died in the course of and arising out of his employment.

iii. Whether the claimants are entitled to any compensation, and if so, from whom.

7. In support of their contentions, the claimants examined the claimant No. 1, as PW-1, and exhibited 8(eight) documents, namely, Police Report as Exhibit-1, FIR as Exhibit-2, Postmortem Examination Report as Exhibit-3, Driving License as Exhibit-4, Salary Certificate as Exhibit-5, Insurance Pol