Oriental Insurance Company Limited vs Wahida Begum And Anr
2024 Latest Caselaw 484 Gua

Gauhati High Court

Oriental Insurance Company Limited vs Wahida Begum And Anr on 30 January, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                           Page No.# 1/3

GAHC010082312023




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

                                   Case No. : MFA/5/2024

            ORIENTAL INSURANCE COMPANY LIMITED
            A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES
            ACT, 1956, HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-
            25/27, ASAF ALI ROAD, NEW DELHI- 2 WITH ONE ITS REGIONAL OFFICE
            AT G.S. ROAD, ULUBARI- 7, GUWAHATI, REP. BY ITS REGIONAL
            MANAGER, GUWAHATI.



            VERSUS

            WAHIDA BEGUM AND ANR.
            D/O MOINUL HAQUE,
            W/O LATE AJIM UDDIN,
            VILL.- KAKI NO. 2, TONGIA, P.O.- KAKI CHAICHALI, P.S.- KAKI, DIST.-
            HOJAI, ASSAM, PIN- 782442.

            2:NIRANJAN SAHA
             S/O SRI NARAYAN SAHA

            R/O VILL.- H. NO. 148
            DAROGAPATHAR
            DIMAPUR
            P.O. AND P.S.- DIMAPUR
            DIST.- DIMAPUR
            NAGALAND
            PIN- 797112

Advocate for the Petitioner   : MR. R C PAUL

Advocate for the Respondent :
                                                                          Page No.# 2/3

                                  BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 30.01.2024

Heard Mr. R.C. Paul, learned counsel for the appellant. The present appeal has been under Section 30 of E.C. Act, 1923 against the judgment and award dated 15.02.2023 passed by the learned Commissioner, Employees' Compensation, Nagaon, Assam in NWC Case No. 10/2019.

The appeal is admitted for hearing upon the following substantial questions of law-

(i) Whether, in view of the settled position of law as notified by the government of Nagaland under the M.V. Act from time to time, the learned Commissioner is justified to arrive at a contrary findings pertaining to the validity of the Driving Licence of the Driver was found to be not valid as RTI reply of the concerned DTO?

(ii) Whether, the learned Commissioner arrived at decision in not appreciating the positive evidence of the Employers side admitted the fact in his Written Statement that the deceased (Helper) namely Ajim Uddin was not his employee at any point of time during his life time as the deceased was working under one Md. Jahir Ansari and died on 16.01.2018 and to that effect he issued a Certificate dated 17.03.2022 as per Annexure-1 in the said Written Statement and in view of the said perverse finding, the compensation so awarded Page No.# 3/3

against the Appellant is legally sustainable?

(iii) Whether, the learned Commissioner is justified apart from admitted fact that the Employer of the deceased has already paid a sum of Rs.1,55,000/- as well as the Govt. of Nagaland also paid a sum of Rs.2,00,000/- to the claimants for the death of Ajim Uddin and whether ignoring such admitted fact for compensation to be granted under the Act is legally permissible for double benefit?

The appellant shall be at liberty to raise any other substantial question(s) of law at the time of hearing. Issue notice.

The appellant is directed to take step for service of notice upon the respondents by registered post with AD as well as other usual process returnable within 4(four) weeks. The steps be taken within 7(seven) days.

Call for the LCR.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant