Shriram General Insurance Co. Ltd vs Musstt. Rashida Begum Laskar And ...
2022 Latest Caselaw 1057 Gua

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GAHC010050102022




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

                                Case No. : MFA/57/2022

             SHRIRAM GENERAL INSURANCE CO. LTD.
             0500-E/8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-
             302022 AND HAVING A BRANCH OFFICE AT B.R. ARCADE, 3RD FLOOR, 21
             JANAPATH, ULUBARI, GHY-780507

             VERSUS

             MUSSTT. RASHIDA BEGUM LASKAR AND ANR.
             W/O- MD. MISBA UDDIN LASKAR, R/O VILL- RAMNAGAR PT-VI, PO-
             TARAPUR, SILCHAR-3, PS- SILCHAR, DIST- CACHAR, ASSAM, PIN- 788001

             2:MD. ABDUL WAHID LASKAR
              S/O- MD. ABDUL JALIL LASKAR
              R/O VILL- RAMNAGAR PT-V
              PO- TARAPUR, PS- SILCHAR
              DIST- CACHAR
             ASSAM, PIN- 78800

Advocate for the Petitioner : MS. P BORTHAKUR
Advocate for the Respondent :
                                        BEFORE
                  HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                       ORDER

25-03-2022

Mr. R. Goswami, learned counsel represents the appellant/applicant. The appeal, under Section 30 of the Employee's Compensation Act, 1923, is preferred challenging the judgment and order dated 24-01-2022, passed by the learned Commissioner for Employee's Compensation, Cachar, in EC Case No. 28/2017.

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The appeal is admitted on the following substantial question of law: "Whether the learned Commissioner for Employees Compensation has the

power to access compensation by taking wages higher than that is applicable on the date of the accident as per provisions of the statute?" Any other substantial question(s) of law may be raised during the course of hearing.

Issue notice.

Call for the LCR.

The appellant-applicant shall take steps for service of notice upon the respondent by registered post with A/D Card as well as under any other prescribed mode within seven days from today. List this appeal together with the connected I.A. (Civil) No. 864/2022 in the second week of May, 2022 after service of notice is complete. The impugned judgment and order dated 24-01-2022, passed by the learned Commissioner for Employee's Compensation, Cachar, in EC Case No. 28/2017, is stayed subject to payment of 50% of the awarded amount vide the impugned

judgment and order.

JUDGE

Comparing Assistant