Passang Lama vs Durlabh Sutradhar And Anr
2022 Latest Caselaw 2184 Gua

                                                                    Page No.# 1/2

GAHC010102912021




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

                                  Case No. : MFA/117/2021

            PASSANG LAMA
            S/O- LATE KALAYA TAMANG @ KAILA LAMA @ KALEA TAMANG, R/O-
            VILL.- KAKAKATANG, P.S. KALAKTANG- 790002, DIST.- WEST KAMESNG
            (ARUNACHAL PRADESH), PRESENT ADDRESS- KATHABARI, P.S.
            GORCHUK, DIST.- KAMRUP(M), ASSAM

            VERSUS

            DURLABH SUTRADHAR AND ANR
            C/O- JADU SUTRADHAR, WARD NO. 1, GOLMA CHOWK, P.O. AND DIST.-
            UDALGURI (BTAD)- 784509.

            2:NEW INDIA ASSURANCE CO. LTD.
             REP. BY REGIONAL MANAGER
             G.S. ROAD
             GUWAHATI- 781007
            ASSA

Advocate for the Petitioner   : MR. A R AGARWALA

Advocate for the Respondent : MR G S BORO (R-2)




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 24.06.2022

Heard Mr. A. R. Agarwala, the learned counsel appearing on behalf of the Appellants and Mr. G. S. Boro, the learned counsel appearing on behalf of the Page No.# 2/2

Respondent No.2.

Issue notice returnable by 4 (four) weeks. Steps for service of notice upon the Respondent No.1 by way of Registered Post with A/D as well as through usual process within a period of 3 (three) days from today.

Extra copies of the appeal be served upon the learned counsel for the aforesaid respondent within a period of 3 (three) days.

Appeal is admitted. The instant appeal is admitted on 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/- monthly and daily allowances Rs.100/- per day?

JUDGE Comparing Assistant