Page No.# 1/3 vs Dalbari Santi Sammanny Shg And Anr
2021 Latest Caselaw 907 Gua

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GAHC010013472021




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

                            Case No. : MFA/13/2021

         MANUMAI DEVI AND 3 ORS.
         W/O- LATE TILEN NATH, R/O- VILL.- JUR AHATGAON, P.S. AND DIST.-
         MORIGAON, ASSAM, PIN- 782105.

         2: JAYA DEVI
          D/O- LATE TILEN NATH
          R/O- VILL.- JUR AHATGAON
          P.S. AND DIST.- MORIGAON
         ASSAM
          PIN- 782105.

         3: JULI DEVI
          D/O- LATE TILEN NATH
          R/O- VILL.- JUR AHATGAON
          P.S. AND DIST.- MORIGAON
         ASSAM
          PIN- 782105.

         4: ANAMIKA DEVI
          D/O- LATE TILEN NATH
          R/O- VILL.- JUR AHATGAON
          P.S. AND DIST.- MORIGAON
         ASSAM
          PIN- 782105. ( APPELALNT NO. 3 AND 4 ARE MINORS AND REP. BY THEIR
         MOTHER I.E. APPELLANT NO. 1)

         VERSUS

         DALBARI SANTI SAMMANNY SHG AND ANR.
         REP. BY ITS PRESIDENT/SECRETARY MD. ABUSAMA HUSSAIN,
         (PRESIDENT) MAFIJUR RAHMAN (SECRETARY) VILL. DALBARI, P.O.
         SOLMARI- 782105, DIST.- MORIGAON, ASSAM

         2:UNITED INDIA INSURANCE CO. LTD.
                                                                                   Page No.# 2/3


             REP. BY REGIONAL MANAGER
             G.S. ROAD
             GUWAHATI- 781005
             ASSA

Advocate for the Petitioner   : MR. A R AGARWALA

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                            ORDER

Date : 10.03.2021

Heard the learned counsel, A. R. Agarwala, appearing for the appellants.

The appeal is admitted for hearing upon the following substantial questions of law:

i. Whether the finding of the Learned Commissioner, Employee's Compensation, Kamrup (M) was perverse in respect of conditional interest award and not awarding interest from the date of accident and whether claimant is entitled for interest from the date of accident instead of date of judgment?

ii. Whether the Learned Commissioner, Employee's Compensation, Kamrup (M) was erred in not awarding daily allowances, though the salary was paid to the deceased workmen includes daily allowances as it implied and salary is proved as Rs. 15,000/- per month?

iii. Whether the claimant is entitled for the enhanced rate of monthly wage, as enhanced vide latest notification No. S.O(71)E. Dated

3rd January' 2020?

Issue notice to the respondents.

The appellants shall take steps for service of notice on respondents by registered Page No.# 3/3

post with A/D as well as by other usual process.

Call for the LCR.

List this matter after 4 (four) weeks, on a date to be fixed by the Office.

JUDGE

Comparing Assistant