New India Assurance Company Ltd vs Md Akbor Ali And Anr
2022 Latest Caselaw 4464 Gua

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GAHC010251822018




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

                               Case No. : MFA/102/2022

           NEW INDIA ASSURANCE COMPANY LTD
           HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G. ROAD,
           FORT, MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH
           FLOOR LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD,
           GUWAHATI- 781007



           VERSUS

           MD AKBOR ALI AND ANR
           S/O- MD. ABBAS ALI, R/O- VILL.- KOCHARIPAM, P.S. AND P.O. TEZPUR,
           DIST.- SONITPUR, ASSAM, PIN- 784001

           2:NIRANJAN MALPANI
            S/O- SRI SITARAM MALPANI
            R/O- VILL.- KHELMATI N.T. ROAD
            P.O. AND P.S. NORTH LAKHIMPUR
            DIST.- NORTH LAKHIMPUR
           ASSAM
            PIN- 787001. (OWNER OF THE VEHICLE NO. ASW-6735 (TRUCK)

Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent :

                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                      ORDER

14.11.2022

Heard Mr. R. Goswami, learned counsel for the appellant.

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The instant appeal is admitted for hearing on the following substantial questions of law:

1. Whether the Commissioner for Employees Compensation has the jurisdiction as per provisions of the EC Act, 1923 read with EC Rules 1924 to review a judgment and order passed earlier by his predecessor.

2. Whether a Judgment and Order passed without jurisdiction is legally sustainable.

3. Whether the Insurers are liable for penalty imposed by the Commissioner for Employees compensation.

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

Issue notice to the respondents by registered A/D post within seven days.

Call for LCR.

List the matter after four weeks.

JUDGE

Comparing Assistant