National Insurance Company Limited vs Akul Ali And Anr
2024 Latest Caselaw 4213 Gua

Gauhati High Court

National Insurance Company Limited vs Akul Ali And Anr on 12 June, 2024

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                      Page No.# 1/3

GAHC010157022018




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

                                  Case No. : MFA/106/2018

            NATIONAL INSURANCE COMPANY LIMITED
            SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA,
            REGISTERED HEAD OFFICE AT 3 MIDDLETON STREET, CALCUTTA 700071
            REPRESENTED BY THE ASSTT. MANAGER, GAUHATI REGIONAL OFFICE,
            BHANGAGARH, GUWAHATI 781005



            VERSUS

            AKUL ALI AND ANR
            S/O MAMTAJ ALI, R/O VILL. RADHAKUCHI, P.S. BARPETA, DIST. BARPETA,
            ASSAM, PIN 781311, TEMPORARY ADDRESS - VILL. SARUPETA, P.S.
            PATACHARKUCHI, DIST. BARPETA, ASSAM, PIN 781318

            2:WAHED ALI

             S/O JALAL UDDIN
             R/O VILL. CHAKIRBITHA
             P.S. BARPETA
             DIST. BARPETA
             ASSAM
             PIN 781352 (OWNER

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MS. S D SAIKIA (R1)
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                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                    ORDER

Date : 12.06.2024

Heard Ms. R. D. Mozumdar, learned counsel appearing for the appellant and Mr. N. Ahmed, learned counsel appearing for the respondent No. 2.

2. None appears for the respondent No. 1.

3. Today, as directed by this Court, the learned Junior Government Advocate, Ms. K. Phukan has submitted the original G.D. Entry No. 97 dated 10.08.2015 of Gobardhana Police Station.

4. The claimant/the respondent No. 1 filed a Claim Petition before the Commissioner, Workmen's Compensation, Bajali stating that on 10.08.2015, he was working as a labourer in the Vehicle No. AS-15/C-6329. On that day, said vehicle met with an accident and the claimant/the respondent No. 1 had sustained serious injurious, as a result of which, he became disabled. The learned Commissioner granted compensation of Rs.1,33,428/-

5. Here, the appellant has claimed that on 10.08.2015, no accident at all took place and the documents filed by the claimant/respondent are fraudulently prepared.

6. Today, Ms. Phukan has produced the original GD Entry of Gobardhana Police Station.

7. I have found that on 10.08.2015, no such accident had taken place.

8. Therefore, this Court hereby holds that the claimant procured the judgment by filing fraudulent documents.

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9. For that matter, the impugned judgment dated 11.01.2017 passed by the Commissioner, Workmen's Compensation, Bajali Sub-Division, Barpeta in W.C. Case No. 319 of 2015 is set aside.

10. The first substantial question of law is answered in the affirmative.

11. The appeal is allowed and disposed of accordingly.

JUDGE

Comparing Assistant