The Director vs Fatema Bibi @ Bewa And Anr
2022 Latest Caselaw 1290 Gua

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GAHC010007122022




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

                                 Case No. : MFA/14/2022

            THE DIRECTOR, ARUNODOI APARTMENT PVT. LTD.
            MC ROAD, GUWAHATI CLUB, GUWAHATI 781003, ASSAM

            VERSUS

            FATEMA BIBI @ BEWA AND ANR.
            W/O LATE MOHIBUL HOQUE,
            RESIDENT OF KUMARGATI(GASPARA) PO TISTARPAR, PS AND DIST
            DHUBRI, ASSAM, 783324

            2:OFIZUDDIN
             S/O LATE SUKNAL SK.
             RESIDENT OF KUMARGATI(GASPARA) PO TISTARPAR
             PS AND DIST DHUBRI
            ASSAM
             78332

Advocate for the Petitioner   : MS P SARMA

Advocate for the Respondent : MS. R CHOUDHURY

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA

18-04-2022

This is an appeal under Section 30 of the Employee's Compensation Act, 1923, against the judgment and order dated 12.11.2021, passed by the Commissioner, Employee's Compensation, Dhubri, in E.C. Case Page No.# 2/3

No.12/2011 awarding compensation of Rs.6,64,110/- and interest @ 6 % per annum on the compensation amount.

Heard Mr. K.U. Ahmed, learned counsel for the appellant. Also heard Ms. R. Choudhury, learned counsel for the respondents.

There is no dispute at the Bar that, vide EC Case No.12/2011, the Court of Commissioner, Workmen's/Employees Compensation Act, an award was passed in favour of the respondents and against the appellant for an amount of Rs.6,64,110.00, ordering further as to which of the respondents is entitled to the amount out of the aforesaid compensation amount.

Perused the petition and the objection thereto as well as the impugned judgment. Also perused the LCR.

During the course of hearing, learned counsel for the appellant has submitted that before initiation of the proceedings before the Commissioner, Workmen's/Employees Compensation, an amount of Rs.75,000/- was paid to the respondents by the appellant, which has not been taken into account while awarding the amount of Rs.6,64,110.00/- by the aforesaid Court of Commissioner, Workmen's/Employees Compensation. It has also been admitted by the learned counsel for the appellant and it is also matter of record that the respondents in the instant case has admitted receipt of an amount of Rs.50,000/- from the appellant before initiation of the proceedings involved in this case.

On perusal of the materials on record, particularly the evidence, it does not appear to this Court that to substantiate that an amount of Rs.75,000/- as aforesaid was paid to the respondents, there is any Page No.# 3/3

material proof, and so far receipt of Rs.50,000/- by the respondents also, there is no specific proof, but the same is an admitted position, and therefore the same requires no proof. Therefore, in that view of the matter, as agreed to by the learned counsel for both the parties, an amount of Rs.50,000/- be reduced from the original awarded amount of Rs.6,64,110/- and interest etc. shall be calculated on the reduced amount. The appellant is directed to deposit the remaining amount as awarded within two months before the Registry of this Court, who shall, in turn, release the amount to the respondents on proper identification, in terms of the award.

This appeal stands disposed of accordingly at the admission stage itself.

JUDGE

Comparing Assistant