Sri Kalpana Das And Anr vs Sri Bablu Suklabaidya And Anr
2021 Latest Caselaw 302 Gua

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GAHC010280052018




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

                                       Case No. : MFA/7/2021

             SRI KALPANA DAS AND ANR
             SRI KALPANA DAS AND ANR
             Address - W/O- SRI BIJOY DAS, R/O- GOVINDOKUPA, P.O. DIGORKHAL, P.S.
             KATIGORAH, DIST.- CACHAR, ASSAM.

             VERSUS

             SRI BABLU SUKLABAIDYA AND ANR
             SRI BABLU SUKLABAIDYA AND ANR
             Address - S/O- SRI BADAL SUKLABAIDYA, R/O- VILL.- TARAPUR, KALAIN,
             P.S. KATIGORAH, PIN- 788003, DIST.- CACHAR, ASSAM.

Advocate for the Petitioner : MR. S K GOSWAMI
Advocate for the Respondent :

                                      BEFORE
                          HONOURABLE MR. JUSTICE NANI TAGIA

                                             ORDER

Date : 29.01.2021

Heard Mr. S. K. Goswami, learned counsel appearing on behalf of the appellants.

This is an appeal under Section 30 of the Employees Compensation Act, 1923, against the judgment and award, dated 29.05.2018, passed by the learned Commissioner, Employee's Compensation, Cachar, Silchar, in E.C. Case No. 26/2014.

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

1. Whether Commissioner can direct payment of the award when the liability is statutorily covered under Section 147 (1)(i) of the Motor Vehicle Act, 1988?

2. Whether the judgment passed by the Supreme Court regarding payment of compensation as per liability of policy is also apply in making payment of the award under Employee's Compensation Act, 1923?

Call for the relevant records immediately.

Issue notice, returnable within 6 weeks.

Learned counsel for the appellants 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