The Natioal Insurance Company ... vs Rambabu Das And Anr
2023 Latest Caselaw 2281 Gua

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GAHC010004462013




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

                                  Case No. : MFA/30/2013

            THE NATIOAL INSURANCE COMPANY LIMITED
            SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA
            REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA 700071,
            REPRESENTED BY THE ADMINISTRATIVE OFFICER, GAUHATI REGIONAL
            OFFICE, BHANGAGARH, GUWAHATI 781005



            VERSUS

            RAMBABU DAS and ANR
            S/O ASARFI DAS, R/O NEMATI ROAD, JORHAT, P.O. and P.S. JORHAT, DIST.
            JORHAT, ASSAM.

            2:SUNIL BUCHA
             DIRECTOR

             M/S SHREE TULSI TEA CO. LTD.
             R/O CHAMBER ROAD
             DIST. JORHAT
             ASSAM

Advocate for the Petitioner   : MS.R D MOZUMDAR

Advocate for the Respondent :
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                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                            ORDER

31.05.2023 Heard Ms. R D Mozumdar, learned counsel representing the appellant.

The following substantial questions of law has been formulated for hearing of this appeal:

(1) Whether in view of the specific requirement of Section 3 of the W.C. Act, 1923 that personal injury is to be caused to a workmen in the course of employment, then only the insurer will be liable to pay the compensation as per the terms of the insurance policy, the court below can in a perverse manner pass the judgment when there was no relation between the insurance policy of the vehicle, accident and the employment of the respondent no. 1?

(2) Whether to a gratuitous passenger travelling in a vehicle compensation can be paid under the W.C. Act, 1923?

The appellant shall be at liberty to raise any other substantial question of law at the time of hearing.

List the matter again after three weeks for hearing.

JUDGE

Comparing Assistant