National Insurance Company ... vs Md Chukum Uddin
2021 Latest Caselaw 2327 Gua

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GAHC010003722018




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

                            Case No. : MFA/21/2018

         NATIONAL INSURANCE COMPANY LIMITED
         A COMPANY REGISTERED AND INCORPATED UNDER THE COMPANIES
         ACT, 1956 HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET,
         KALKATA AND ONE OF ITS REGIONAL OFFICE AT G.S. ROAD,
         BHANGAGARH, GUWAHATI, REPRESENTED BY ITS REGIONAL
         MANAGER, GUWAHATI, ASSAM.



         VERSUS

         MD CHUKUM UDDIN
         R/O VILL. TAPATTARI, P.S. ABHAYAPURI, DIST. BONGAIGAON, ASSAM.

         2:MD. ROFIQUL ISLAM
          R/O VILL. TAPATTARI
          P.S. ABHAYAPURI
          DIST. BONGAIGAON
         ASSAM.

         3:MISS AYSHA KHATUN
          R/O VILL. TAPATTARI
          P.S. ABHAYAPURI
          DIST. BONGAIGAON
         ASSAM.

         4:MD. KURMAN ALI
         APPELLANTS / CLAIMANTS NO. 2
          3 AND 4 ARE THE MINOR AND HE/SHE IS REPRESENTED BY HIS / HER
         ELDER BROTHER OF THE CLAIMANT NO. 1
          R/O VILL. TAPATTARI
          P.S. ABHAYAPURI
          DIST. BONGAIGAON
         ASSAM.
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             5:MR KAPIL DAS
              R/O VILL. DHARMAPUR W/NO. 1
              P.O. AND P.S. ABHAYAPURI
              DIST. BONGAIGAON
             ASSAM

Advocate for the Petitioner     : MRS. S ROY

Advocate for the Respondent : MR. S DUTTA




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                               ORDER

27.09.2021

Heard the learned counsel Ms. S. Roy, appearing for the appellant. Also heard Mr. S. Dutta, learned senior counsel assisted by Ms. M. Borchetia, Advocate.

This is an appeal under Section 30 of the Employees Compensation Act, 1923 against the judgment and award dated 21.09.2017 passed in E.C. Case No. 8/2015 by the learned Commissioner, Employees Compensation, Abhayapuri, Bongaigaon awarding Rs.8,90,480/- with interest @9% per annum from the date of the accident.

On 13.11.2014, the deceased Sofikul Islam was driving a vehicle bearing Registration No. AS- 19C-6694 where he was carrying furniture. The deceased never returned home. His deadbody was recovered by Police. Abhayapuri P.S. Case No. 451/2014 under Sections 406 and 302 of the IPC was registered.

While filing the claim petition, it was claimed that the deceased was earning a salary of Rs.8,000/- per month.

The learned Commissioner, Employees Compensation accepted the said fact and awarded a sum of Rs.8,90,480/-.

This appeal was admitted upon the following two substantial questions of law:

1. Whether the claim of the claimants is maintainable without obtaining the guardianship certificate by the claimant no. 1 on behalf of the other claimants?

2. Whether the learned Commissioner committed perversity in accepting the monthly salary of the deceased at Rs.8,000/- while evidence on record show that the deceased was earning Rs.4,000/- in a month?

The learned senior counsel Mr. Dutta submits that by a gazette notification dated 31.05.2010, the Government has increased the amount of compensation under Section 4(1)(a) of the Employees Page No.# 3/3

Compensation Act,1923 to Rs.8,000/-.

So far as the question pertaining to procurement of a guardianship certificate by the claimant no. 1 is concerned, this Court is not the proper forum. The learned Commissioner, Employees Compensation should decide that question.

With the aforesaid observation, the petition Miscellaneous First Appeal is answered and disposed of.

JUDGE

Comparing Assistant