The National Insurance Company ... vs Sri Deepjyoti Ray And Anr
2021 Latest Caselaw 1366 Gua

                                                                                  Page No.# 1/2

GAHC010003662015




                             THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : MFA/15/2020

           THE NATIONAL INSURANCE COMPANY LIMITED
           SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA
           REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA 700071
           REPRESENTED BY THE ASSTT. MANAGER, GAUHATI REGIONAL OFFICE,
           BHANGAGARH, GUWAHATI 781005

           VERSUS

           SRI DEEPJYOTI RAY and ANR
           PRADIP KR. RAY, WARD NO. 3, SORBHOG, P.O. and P.S. SORBHOG 781317,
           DIST. BARPETA, ASSAM.

           2:PRADIP KR. RAY

            S/O LATE NIBARAN DAS
            WARD NO. 3
            SORBHOG
            P.O. and P.S. SORBHOG 781317
            DIST. BARPETA
            ASSAM

Advocate for the Petitioner : MS R D MAZUMDAR
Advocate for the Respondent : MR. P K TALUKDAR

                                          BEFORE
                HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN

                                       :: O R D E R ::

07-04-2021

Heard Ms. RD Mazumdar, learned counsel for the appellant. Appeal is admitted subject to payment of 50% of the awarded amount before the Registry, on Page No.# 2/2

the following substantial question of law:

(1) Whether in absence of employer and employee relationship the Commissioner workmen's could pass the judgment in a perverse manner?

(2) Whether when the accident took place in the District of Dhubri, the Commissioner Workmen's Compensation, Barpeta could adjudicate upon the claim?

(3) Whether in view of the fact that neither the doctor nor the workmen in their evidence stated that due to the injuries and the resultant disability would incapacitate the workmen in pursuing every employment, the compensation can be assessed under Section 4(1)(C)(i) of the WC Act, 1923 as done by the Commissioner in a perverse manner?

Let notice be issued to the respondent Nos. 1 and 2 by registered post with A/D and usual process, returnable by four weeks.

Call for the LCR.

List the matter immediately on receipt of the LCR.

JUDGE

Comparing Assistant