The Oriental Insurance Company ... vs Sri Bidhan Basumatary And Anr
2022 Latest Caselaw 1507 Gua

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GAHC010002662016




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

                                Case No. : MFA/32/2022

             THE ORIENTAL INSURANCE COMPANY LTD

             VERSUS

             SRI BIDHAN BASUMATARY and ANR
             BIDHAN BASUMATARY AND ANR
             Address - S/O- SRI JINA BASUMATARY, R/O- VILL.- UDHIAGURI, P.O.
             SALBARI, P.S. ANANDA BAZAR, DIST.- BAKSA, BTAD, ASSAM AND
             TEMPORARY ADDRESS- WARD NO. 2, ABHAYAPURI, P.S. ABHAYAPURI.

Advocate for the Petitioner :
Advocate for the Respondent : MR S HOQUE

                                  BEFORE
                 HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                       ORDER

09-05-2022

Mr. A. Dutta, learned counsel represents the appellant/applicant. Mr. S. Hoque, learned counsel represents the respondent No. 1. In view of appearance of Mr. Hoque, learned counsel for the respondent No. 1, the caveat stands discharged.

The appeal, under Section 30 of the Workmen's Compensation Act, 1923, is preferred challenging the Judgment and Award dated 23-08-2016, passed by the learned Commissioner, Workmen's Compensation, North Salmara, Bongaigaon, in WC Case No. 76 of 2012.

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The appeal is admitted on the following substantial questions of law: "1. Whether in case of Non-Schedule injuries, interest can be awarded from the date of the accident?

2. Whether an employee received a personal injury in a motor accident arising out of, and in course of his employment while working on the Motor Vehicle of the employer, whether the Insurance Company which has insured the employer

- owner of the vehicle against third party accident claims under Motor Vehicle Act, 1988 and against claims for compensation arising out of proceedings under the Workmen's Compensation Act, 1923 in connection with such motor accidents, is liable to meet the award of Workmen's Compensation imposing penalty against the Insured employer, under Section 4A(3)(b) of the Compensation Act?

Any other substantial question(s) of law may be raised during the course of hearing.

Issue notice.

Call for the LCR.

No formal notice need be issued on the respondent No.1 since Mr. Hoque, learned counsel, has already entered appearance and accepted notice on behalf of respondent No. 1.

The appellant shall, within seven days from today, take steps for service of notice upon the respondent No. 2, by registered post with A/D Card as well as under usual process.

List this appeal in the first week after the ensuing summer vacation, after service of notice is complete.

JUDGE Comparing Assistant