Gauhati High Court
New India Assrance Company Ltd vs Mallika Sultana And 5 Ors H on 1 May, 2024
Page No.# 1/5
GAHC010082532023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MFA/16/2024
NEW INDIA ASSRANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G. ROAD,
FORT, MUMBAI AND ITS REGIONAL OFFICES AT STAR CITY COMPLEX,
5TH FLOOR, LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD,
GUWAHATI- 781007.
VERSUS
MALLIKA SULTANA AND 5 ORS H
W/O LATE ABDUL MALEK, VILL.- BAIKHUNGAON, P.S.- DHALIGAON,
DIST.- CHIRANG, ASSAM, PIN- 783385. PRESENT ADDRESS- VILL.-
DOLAIGAON, P.O. AND P.S.- BONGAIGAON, DIST.- BONGAIGAON, ASSAM,
PIN- 783380.
2:MUSKAN SULTANA PARBIN
D/O LATE ABDUL MALEK
VILL.- BAIKHUNGAON
P.S.- DHALIGAON
DIST.- CHIRANG
ASSAM
PIN- 783385.
PRESENT ADDRESS-
VILL.- DOLAIGAON
P.O. AND P.S.- BONGAIGAON
DIST.- BONGAIGAON
ASSAM
PIN- 783380.
Page No.# 2/5
3:RUKSANA PARBIN
D/O LATE ABDUL MALEK
VILL.- BAIKHUNGAON
P.S.- DHALIGAON
DIST.- CHIRANG
ASSAM
PIN- 783385.
PRESENT ADDRESS-
VILL.- DOLAIGAON
P.O. AND P.S.- BONGAIGAON
DIST.- BONGAIGAON
ASSAM
PIN- 783380.
4:SARHAB ALI
S/O LATE NAGAR ALI
VILL.- BAIKHUNGAON
P.S.- DHALIGAON
DIST.- CHIRANG
ASSAM
PIN- 783385.
PRESENT ADDRESS-
VILL.- DOLAIGAON
P.O. AND P.S.- BONGAIGAON
DIST.- BONGAIGAON
ASSAM
PIN- 783380.
5:KHUDEJA ALI
S/O SARHAB ALI
VILL.- BAIKHUNGAON
P.S.- DHALIGAON
DIST.- CHIRANG
ASSAM
Page No.# 3/5
PIN- 783385.
PRESENT ADDRESS-
VILL.- DOLAIGAON
P.O. AND P.S.- BONGAIGAON
DIST.- BONGAIGAON
ASSAM
PIN- 783380.
6:JALAL ALI
S/O AYNAL ALI
R/O BORTALOWA
P.O. AND P.S.- DHALIGAON GAON
DIST.- CHIRANG
(BTR)ASSAM
PIN- 783385
Advocate for the Petitioner : MS. P BORTHAKUR
Advocate for the Respondent : MR F A LASKAR
Linked Case : I.A.(Civil)/613/2024
NEW INDIA ASSRANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87
M.G. ROAD
FORT
MUMBAI AND ITS REGIONAL OFFICES AT STAR CITY COMPLEX
5TH FLOOR
LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD
GUWAHATI- 781007.
VERSUS
MALLIKA SULTANA AND 5 ORS H
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF EDUCATION (SECONDARY)
DISPUR
Page No.# 4/5
GHY-06.
------------
Advocate for : MS. P BORTHAKUR
Advocate for : SC
SEC. EDU. appearing for MALLIKA SULTANA AND 5 ORS H
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 01.05.2024
Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. F. A. Laskar,
learned counsel appearing on behalf of respondent Nos. 1 to 5.
This is an appeal under Section 30 of the Employee's Compensation Act, 1923 against
the judgment and order dated 03.02.2023, passed by the learned Commissioner for
Employee's Compensation, Bongaigaon in E.C. Case No. 12/2021.
It is submitted by Mr. Goswami, learned counsel for the appellant, that the deceased
was murdered after a family dispute between 2 (two) groups and it would come under the
purview of Employee's Compensation Act and hence, challenging the judgment and order
dated 03.02.2023, the present appeal has been filed.
Considering the submission made by the learned counsel for the appeal, the appeal is
admitted for hearing.
Issue notice to the respondents, returnable within 4 (four) weeks.
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Since Mr. F. A. Laskar, learned counsel appearing on behalf of respondent Nos. 1 to 5,
has entered appearance and accepted notice on behalf of the said respondents, no formal
notice is required to be issued to the said respondents. However, he shall be provided with
requisite extra-copy of the memo of appeal, if not already furnished, during the course of the
day.
Learned counsel for the appellant shall take steps for service of notice upon
respondent No. 6 by registered post with A/D as well as by usual process within a week from
today.
Call for the LCR.
List the matters immediately after receipt of the LCR.
An endeavor shall be made to dispose of the matter after receipt of the LCR.
JUDGE
Comparing Assistant
