Iffco Tokio General Insurance ... vs Saiod Ali And 3 Ors
2022 Latest Caselaw 4353 Gua

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GAHC010196792022




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

                            Case No. : MFA/93/2022

         IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED.,
         HAVING ITS REGISTERED OFFICE AT IFFCO SADAN, C1, DISTRICT
         CENTRE, SAKET , NEW DELHI 110017



         VERSUS

         SAIOD ALI AND 3 ORS .
         S/O LATE JOBBAR ALI,
         RESIDENT OF VILLAGE BOGULMARI, ISLAM NAGAR, PS A.M. CO. ROAD,
         PS AND DIST DHUBRI, ASSAM 783323

         2:NUR MOHAMAD
          S/O LATE JOBBAR ALI

         RESIDENT OF VILLAGE BOGULMARI
         ISLAM NAGAR
         PS A.M. CO. ROAD
         PS AND DIST DHUBRI
         ASSAM 783323

         3:JESHMINA SULTANA
          D/O LATE JOBBAR ALI

         RESIDENT OF VILLAGE BOGULMARI
         ISLAM NAGAR
         PS A.M. CO. ROAD
         PS AND DIST DHUBRI
         ASSAM 783323

         4:TAJKURA
         W/O SANAUL
         RESIDENT OF BAMANGRAM
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             PS KALICHAK
             DIST MAKLA
             WEST BENGAL
             INDIA
             73220

Advocate for the Petitioner   : MR T KALITA

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

09.11.2022

Heard Shri A. Kakati, learned counsel for the appellant, who by means of this appeal has put to challenge the Judgment and Order dated 26.07.2022 passed by learned Commissioner, Employee's Compensation, Dhubri in E.C. Case No. 28/2013.

By the aforesaid Judgment, an amount of Rs. 9,57,185.00/- has been awarded as compensation.

The learned counsel for the appellant submits that though there was an insurance policy the accident had occurred on a day which was not covered by the said policy and therefore, the Judgment is erroneous.

Admit on the following substantial question of law:-

Whether Learned Commissioner for Employee's Compensation Act, 1923 has the jurisdiction to hold the insurance company liable for compensation even if there is no insurance coverage in respect of the vehicle on the date of accident in which the Page No.# 3/3

employee of the owner of the vehicle had died.

Call for the records.

Steps for service of notice be taken upon the respondents by registered post with A/D within 2 days.

Since the connected I.A. has been directed to be listed on 11.11.2022 for consideration, the appeal may also be listed on that day.

JUDGE

Comparing Assistant