United India Insurance Co. Ltd vs Md. Sirajul Haque And 2 Ors
2022 Latest Caselaw 4259 Gua

                                                                       Page No.# 1/3

GAHC010223432010




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

                                  Case No. : MFA/292/2010

            UNITED INDIA INSURANCE CO. LTD.,
            HAVING ITS REGISTERED OFFICE and HEAD OFFICE AT 24, WHITES ROAD,
            CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD, DISPUR, GUWAHATI,
            AND REPRESENTED BY THE CHIEF REGIONAL MANAGER, GUWAHATI
            REGIONAL OFFICE, G.S. ROAD, DISPUR, GUWAHATI



            VERSUS

            MD. SIRAJUL HAQUE and 2 ORS,
            S/O MD. ASHARUDDIN SHEIKH, VILL. NORTH TIAMARI, P.O. and P.S.
            GAURIPUR, DIST. DHUBRI, ASSAM.

            2:PAWAN KR BAGARIA
             S/O- LT JANAKI LAL BAGARIA
             R/O- WARD NO. 3
             GAURIPUR BAZAR P.O. AND P.S. GAURIPUR
             DIST- DHUBRI
            ASSAM
             PIN-783331 (CONTRACTOR)

            3:EXECUTIVE ENGINEER
             GAURIPUR R.E.C. DIVISION ASSAM STATE ELECTRICITY BOARD
             P.O. AND P.S. GAURIPUR
             DIST- DHUBRI (ASSAM) PIN-783331 (OWNER OF TRACTOR TRAILOR NO.
            ASG-5276

Advocate for the Petitioner   : MR. D K DAS

Advocate for the Respondent : MR S M T CHISTIE( R-2)

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BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

03.11.2022.

Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. A. R. Agarwala, learned counsel appearing for the claimant/respondent No. 1.

Mr. Goswami, learned counsel submits that the present appeal is preferred against a common judgment and award dated 22.07.2010 passed by the learned Commissioner, Workmen's Compensation, Dhubri, in W.C. Case No. 45/2003 and W.C. Case No. 46/2003.

The Insurance Company being aggrieved preferred Misc First Appeal being MFA No. 294/2010 against the judgment and award dated 22.07.2010 passed in W.C. Case No. 46/2003 by the learned Commissioner, Workmen's Compensation, Dhubri,. A coordinate Bench of this Court by its order dated 29.10.2019, allowed the appeal by setting aside the judgment and award of the learned Workmen's Commissioner.

The present is the appeal, preferred by the claimant in the WC Case No. 45/2003 arising out of the common judgment and award as stated herein above. Accordingly, Mr. Goswami, learned counsel submits that the present judgment passed in MFA/294/2010 shall squarely cover the present case also and accordingly, same is required to be dismissed in terms of the aforesaid Misc First Appeal being MFA/294/2010.

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In the aforesaid backdrop, Mr. A. R. Agarwala, learned counsel for the claimant/respondent contends that though in the earlier judgment appeal has been allowed, however, as the Insurance Police was not proved, award was to be ASEB up to 50% and 50% by the United India Insurance Company Limited, therefore, even if, Insurance appeal is allowed, the liability of the ASEB shall still remain.

Countering such argument, Mr. Goswami, learned counsel submits that in that sense also, the Insurance cannot be held liable inasmuch as insurance only indemnifies when the liability is fasten on the insured.

Be that as it may, Mr. Agarwala, learned counsel is insisting that since the ASEB is no longer existence, the APDCL may be impleaded as party respondent and the ASEB has not preferred the appeal.

In that view of the matter, Mr. Agarwala, learned counsel is permitted to serve a copy of the appeal memo upon the learned Standing Counsel for the APDCL.

Let this matter be listed for Hearing on 08.12.2022 showing the name of learned Standing Counsel for the APDCL, in the cause list.

JUDGE

Comparing Assistant