Mrs. Indu Basfor vs Khagen Saikia And 2 Ors
2022 Latest Caselaw 4937 Gua

                                                                      Page No.# 1/3

GAHC010004782017




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

                                Case No. : MACApp./652/2022

            MRS. INDU BASFOR
            W/O SRI GAUTAM BASFOR, R/O VILL. GOLIA ARABARI, P.O. PANIBHARAL,
            P.S. BISWANATH CHARIALI, PIN 784176, ASSAM.



            VERSUS

            KHAGEN SAIKIA and 2 ORS,
            S/O SRI BHOGESWAR SAIKIA, VILL. SOLLENGI, P.O. ELLENGI SATRA, PIN
            784168, P.S. GOHPUR, DIST. SONITPUR, ASSAM.

            2:RIPON SAIKIA

             S/O SRI BHOGESWAR SAIKIA
             VILL. SOLLENGI
             P.O. ELLENGI SATRA
             PIN 784168
             P.S. GOHPUR
             DIST. SONITPUR
             ASSAM.

            3:THE NATIONAL INSURANCE CO. LTD

             TEZPUR BRANCH
             DUGGAR MANSION
             P.O./P.S. TEZPUR
             DIST. SONITPUR
             PIN 784001
             ASSAM

Advocate for the Petitioner   : MR. R DEY

Advocate for the Respondent : MR. R GOSWAMI (R3)
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                                 BEFORE
                HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                      ORDER

14.12.2022

Heard Mr. R. Dey, learned counsel appearing for the appellants and Mr. R. Goswami, learned counsel for the respondents/injured.

Notice upon the respondent Nos. 1 and 2 is served, but none has appeared on their behalf.

This appeal is filed against the Judgment and Order dated 03.06.2016 passed by the learned MACT, Biswanath Chariali, Sonitpur in MAC Case No. 410/2010.

The injured was an employee of Jawahar Novodaya Vidyalaya, Doimukh. The injured/claimant produced his salary certificate in the Tribunal, but at the time of hearing, those documents were not proved by calling official witnesses. Therefore, Mr. Dey submits that this is a case for remand with a direction to the Tribunal to give an opportunity to the claimant/injured to prove his salary certificate.

Mr. Goswami also agreed to that submission of Mr.Dey.

I have given my anxious consideration to the submission made by the learned counsel for both the sides.

Now this Court is of the opinion that the submissions made by the learned counsels have force with.

Therefore, the prayer of the appellant is allowed.

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The impugned Judgment dated 03.06.2016 passed by MACT, Biswanath Chariali, Sonitpur in MAC Case No. 410/2010 is set aside.

The case is remanded to the Tribunal at Biswanath Chariali for providing the claimant an opportunity to prove his salary certificate and after that the Tribunal shall pass afresh Judgment.

With the aforesaid directions the present appeal stands disposed of.

JUDGE

Comparing Assistant