New India Assurance Co . Ltd vs Motiur Ali @ Motiur Rahman B
2023 Latest Caselaw 1489 Gua

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GAHC010181382022




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

                                   Case No. : MFA/29/2023

            NEW INDIA ASSURANCE CO . LTD.
            HAVING ITS REGISTERED OFFICE AT EW ASSURANCE BUILDING, 87
            MAHATMA GANDHI ROAD, MUMBAI, AND ONE OF THE REGIONAL
            OFFICE AT GS ROAD, BHANGAGARH, GUWAHATI 5, ASSAM



            VERSUS

            MOTIUR ALI @ MOTIUR RAHMAN B
            S/O LATE KASER ALI RESIDENT OF VILLAGE KAKRABARI, PS BOKO, DIST
            KAMRUP (R) ASSAM, 781123

            2:MD. SULEMAN ALI

             S/O LATE HASEN ALI

            RESIDENT OF VILLAGE BAGHARGAON
            PS BOKO
            DIST KAMRUP R ASSAM 781123

            3:MD. MATES ALI

             S/O HARMUJ ALI

            RESIDENT OF VILLAGE BAGHARGAON
            PS BOKO
            DIST KAMRUP R ASSAM 78112

Advocate for the Petitioner   : MR. K K BHATTA

Advocate for the Respondent : MS F INTAZ (r-1,2,3)
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                                        BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

11. 04. 2023 Heard Mr. KK Bhatta, learned counsel for the appellant. This is an appeal under Section 30 of the Employee's Compensation Act, 1923 assailing the judgment and award dated 22.06.2022 passed by the learned Commissioner Employee's Compensation, Kamrup in W.C. Case No. 65/2016.

Admit this appeal on the following substantial questions of law:

I. Whether the learned Commissioner committed wrong in assessing loss of capacity to injured/ workmen without any evidence of doctor in as much as no power has been provided by the Act to a Commissioner for assessing loss of earning capacity to a injured/ workmen?

II. Whether the learned Commissioner ought to have considered that degree of disability and loss of earning capacity are not synonymous and the award based on guess work without any medical certificate or any doctor evidence is bad in law and liable to be set aside?

Issue notice, returnable after six weeks. Call for the records. Appellant to take steps for service of notice upon the respondents by way of registered post with A/D and by usual process within a period of one week from today.

JUDGE

Comparing Assistant