Page No.# 1/3 vs Smti. Yangchen Pema And Anr
2021 Latest Caselaw 2344 Gua

                                                                      Page No.# 1/3

GAHC010102902021




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

                           Case No. : MFA/139/2021

         SANU THAPA @ SANU MAYA LAMA AND 2 ORS
         W/O LATE NARA BAHADUR THAPA, R/O VILL-KAKAKATANG, P.S.-
         KALAKTANG-790002, DIST-WEST KAMESNG (ARUNACHAL PRADESH), P/A
         KATHABARI, P.S.-GORCHUK, DIST-KAMRUP(M) (ASSAM)

         2: HENANTA THAPA
          S/O LATE NARA BAHADUR THAPA
          R/O VILL-KAKAKATANG
          P.S.-KALAKTANG-790002
          DIST-WEST KAMESNG (ARUNACHAL PRADESH)
          P/A KATHABARI
          P.S.-GORCHUK
          DIST-KAMRUP(M) (ASSAM) (MINOR REPRESENTED BY HIS MOTHER
         APPELLANT NO. 1)

         3: SANGE YANGJAM
          D/O LATE NARA BAHADUR THAPA
          R/O VILL-KAKAKATANG
          P.S.-KALAKTANG-790002
          DIST-WEST KAMESNG (ARUNACHAL PRADESH)
          P/A KATHABARI
          P.S.-GORCHUK
          DIST-KAMRUP(M) (ASSAM) (MINOR REPRESENTED BY HER MOTHER
         APPELLANT NO. 1

         VERSUS

         SMTI. YANGCHEN PEMA AND ANR.
         W/O LABSANG DARGAY, VILL-HILL TOP, BOMDILA, P.O. AND P.S.-
         BOMDILA-794001

         2:UNITED INDIA INSURANCE CO. LTD.
          REPRESENTED BY REGIONAL MANAGER
          G.S. ROAD
                                                                                         Page No.# 2/3

              GUWAHATI-781005 (ASSAM

Advocate for the Petitioner      : MR. A R AGARWALA

Advocate for the Respondent :




                                       BEFORE
                      HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                              ORDER

Date : --28.09.2021

Heard MR. A.R. Agarwala, the learned counsel appearing for the appellant. The appeal is admitted for hearing on the following three substantial question 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/- monthly and daily allowances Rs. 100/- per day?

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 respondent. The appellant shall take steps for service of notice upon the respondent by registered post with AD as well as by other usual process.

Call for the LCR.

List the matter after six weeks.

Page No.# 3/3

JUDGE

Comparing Assistant