New India Assurance Company ... vs Md. Mustafa Ahmed And Anr
2021 Latest Caselaw 291 Gua

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GAHC010150782019




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

                                     Case No. : MFA/1/2021

            NEW INDIA ASSURANCE COMPANY LIMITED
            M/S NEW INDIA ASSURANCE COMPANY LIMITED
            Address - HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE
            BUILDING 87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE
            REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR,
            GUWAHATI- 781005, NEAR HANUMAN MANDIR.



            VERSUS

            MD. MUSTAFA AHMED AND ANR
            MD. MUSTAFA AHMED AND ANR
            Address - S/O- MD. SUKUR ALI, R/O- VILL.- KATAHGURI (TUKTUKI), P.S.
            DHING, NAGAON, ASSAM, PIN- 782123.



Advocate for the Petitioner   : MR K K BHATTACHARYYA

Advocate for the Respondent :




             Linked Case : I.A.(Civil)/65/2021

            NEW INDIA ASSURANCE COMPANY LIMITED
            M/S NEW INDIA ASSURANCE COMPANY LIMITED
            Address - HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING
            87
             MAHATMA GANDHI ROAD
             MUMBAI AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX
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              5TH FLOOR
              LACHIT NAGAR
              GUWAHATI- 781005
              NEAR HANUMAN MANDIR.


              VERSUS

             MD. MUSTAFA AHMED AND ANR
             MD. MUSTAFA AHMED AND ANR
             Address - S/O- MD. SUKUR ALI
             R/O- VILL.- KATAHGURI (TUKTUKI)
             P.S. DHING
             NAGAON
             ASSAM
             PIN- 782123.
             ------------
             Advocate for : MR K K BHATTACHARYYA
             Advocate for : appearing for MD. MUSTAFA AHMED AND ANR


                                      BEFORE
                          HONOURABLE MR. JUSTICE NANI TAGIA

                                              ORDER

Date : 29.01.2021

Heard Mr. K. K. Bhatta, learned counsel appearing on behalf of the appellant/Insurance Company.

This is an appeal under Section 30 of the Employees Compensation Act, 1923, against the judgment, dated 18.02.2019, passed by the learned Commissioner for Employee's Compensation, Nagaon, in NEC Case No. 103/2010.

The appeal is admitted on the following substantial questions of law:

1. Whether the Learned Commissioner, Employees Compensation, Nagaon, was justified to assess the compensation under Section 4(1)(C)(ii) of the Employees Compensation Act, for the non-scheduled injuries sustained by the claimant/respondent No. 1?

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2. Whether the Learned Commissioner, Employees Compensation, Nagaon, was justified to accepting the percentage of disability at 45% and loss of earning capacity of the claimant/respondent No. 1 at 45% for the non-scheduled injuries sustained by the claimant/respondent No. 1?

3. Whether the Learned Commissioner, Employees Compensation, Nagaon, was justified to impose interest @ 7% p.a. from the date of filing of the claim petition till payment, when the Act provides that the same is payable as and when it falls due?

Call for the relevant records immediately.

Issue notice, returnable within 6 weeks.

Learned counsel for the appellant shall take necessary steps for causing service of notice upon the Respondents by registered A/D post as well as by usual process within 1 week from today.

List it after 6 weeks.

JUDGE

Comparing Assistant