National Insurance Co. Ltd vs Powali Nayak And Anr
2021 Latest Caselaw 104 Gua

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GAHC010194172020




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

                                       Case No. : MFA/5/2021

             NATIONAL INSURANCE CO. LTD.,
             HAVING ITS REGISTERED AND HEAD OFFICE AT 3 MIDDLETON STREET,
             KOLKATA- 700071 AND ONE OF THE REGIONAL OFFICES AT M.S.S. PATH,
             BHANGAGARH, GUWAHATI- 781005.



             VERSUS

             POWALI NAYAK AND ANR
             S/O- NANDESWAR NAYAK, R/O- VILL.- BORKATANI, P.O. BORTING, P.S.
             AND DIST.- GOLAGHAT, ASSAM, PIN- 785621.

             2:PORAN KHOUND
              S/O- SRI J. KHOUND
              R/O- VILL.- NAWSOLIAGAON
              P.O. BORTING
              P.S. AND DIST.- GOLAGHAT
             ASSAM
              PIN- 785621

Advocate for the Petitioner    : MR. A J SAIKIA

Advocate for the Respondent :




                                     BEFORE
                        HONOURABLE MR. JUSTICE MIR ALFAZ ALI

                                               ORDER

Date : 12.01.2021 Heard Mr. A.J. Saikia, learned counsel for the appellant.

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This appeal is directed against the judgment and order dated 17.02.2020 passed by the learned Commissioner, Employee's Compensation, Golaghat, Assam in E.C. Case No. 11/2012 awarding compensation of Rs. 3,33,373/- in favour of the respondents.

The appeal is admitted to be heard on the following substantial questions of law :-

1. Whether the learned Commissioner, Workmen's / Employee's Compensation, Golaghat, Assam had erred in allowing the claim under the Workmen's/ Employee's Compensation Act, 1923 on the basis of disability certificate being issued by one Doctor in his personal capacity without any disability certificate being issued by competent Medical Board ?

2. Whether the learned Commissioner, Workmen's /Employee's Compensation had erred in considering loss of earning capacity of the claimant/ victim on the basis of deposition of Doctor in the year 2020 who had only once examined the claimant and issued the disability certificate of the claimant/ victim in the year 2012 ?

3. Whether the learned Commissioner Workmen's/ Employee's Compensation had erred in allowing the claim of the claimant in absence of any discharge certificate, X-ray report etc. being produced and proved by the claimant to prove nature of injuries sustained and manner of treatment undertaken by claimant as a result of accidental injuries sustained ?

4. Whether the learned Commissioner had erred in considering monthly wage of the workmen/ Claimant as Rs. 6000/- per months in absence of the wage of the employee being duly proved by the employer ?

5. Whether the learned Commissioner had erred in imposing 12% interest on the awarded amount and that too with effect from the date of filing of the case ?

The appellant shall be at liberty to take any other question at the time of hearing. The Appeal is admitted.

Issue notice returnable within 4 weeks.

Call for the LCR.

The appellant shall take steps on the respondents within 8 days from today both by way of registered A/D post as well as usual process.

JUDGE Page No.# 3/3

Comparing Assistant