National Insurance Co. Ltd vs Md. Najrul Islam And Anr
2021 Latest Caselaw 336 Gua

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GAHC010012382021




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

                                     Case No. : MFA/9/2021

            NATIONAL INSURANCE CO. LTD.
            NATIONAL INSURANCE CO. LTD.
            Address - HAVING ITS HEAD OFFICE AT MIDDLETON STREET, KOLKATA
            AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL
            OFFICE, G.S ROAD, BHANGAGARH, GUWAHATI -5 AND A BRANCH OFFICE
            AT NAGAON, ASSAM.



            VERSUS

            MD. NAJRUL ISLAM and ANR,
            MD. NAJRUL ISLAM and ANR,
            Address - S/O MD. AHMED RAFIQUE, VILL. FULTOLA DULABARI, P.O.
            MAHABHAIRAB, P.S. SADAR, DIST. SONITPUR, ASSAM.
            Advocate-



Advocate for the Petitioner   :

Advocate for the Respondent :




                                    BEFORE
                       HONOURABLE MR. JUSTICE MIR ALFAZ ALI

                                             ORDER

Date : 02.02.2021

Heard Mr. R.K. Bhatra, learned counsel for the appellant.

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This appeal is directed against the judgment and order dated 24.06.2014 passed by the learned Commissioner, Employees Compensation, Nagaon in WC Case No. 80/2008.

The appeal is admitted to be heard on the following question of law:

(i) Whether the disability allegedly sustained by the claimant is permanent partial as defined under the Act.

(ii) Whether the loss of earning capacity assessed by the doctor is in accordance with law.

(iii) Whether the determination of compensation under Section 4(1)(c)(ii) of the Act is justified considering the nature of disability allegedly sustained by the claimant.

(iv) Whether the judgment and order dated 24.06.2014 is perverse and not sustainable in law.

Issue notice returnable in four weeks.

Call for the LCR.

The appellant shall take step for service of notice on the respondents by registered post with AD and also usual process within one week.

JUDGE

Comparing Assistant