M/S Shree Gautam Construction Company ... vs Veervati Jatav And Ors
2024 Latest Caselaw 8408 Gua

Gauhati High Court

M/S Shree Gautam Construction Company ... vs Veervati Jatav And Ors on 18 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                Page No.# 1/3

GAHC010212332024




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

                           Case No. : MFA/59/2024

         M/S SHREE GAUTAM CONSTRUCTION COMPANY LTD
         A LIMITED COMPANY, HAVING ITS OFFICE AT 4TH FLOOR, AMAZE
         TOWER, A.T. ROAD, GUWAHATI-781001.

         VERSUS

         VEERVATI JATAV AND ORS
         W/O. LATE RAM LOCHAN

         2:KAJAL
          D/O. LATE RAM LOCHAN

         3:PRIYA
          D/O. LATE RAM LOCHAN

         4:RIYA
          D/O. LATE RAM LOCHAN

         5:NIDHI
          D/O. LATE RAM LOCHAN

         6:RITESH
          S/O. LATE RAM LOCHAN
         ALL ARE PERMANENT R/O. SAROJ NAGAR
          BHAWANIPURA
         WARD NO. 26
          BHIND
          MADHYA PRADESH
          PIN-477001.
         ALL ARE TEMPORARILY R/O. VILL.- ULUBARI
          GUWHATI-781007
          DIST. KAMRUP(M)
         ASSAM.(RESPONDENT NO. 4 TO 6 BEING MINORS REP. BY RESPONDENT
         NO.1)
                                                                         Page No.# 2/3


            7:SBI GEBERAL INSURANCE CO. LTD.
             HAVING ITS CORPORATE AND REGISTERED OFFICE AT NATRAJ
             101
             201 AND 301 JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI
             KURIA ROAD
            ANDHERI (EAST) MUMBAI-400069 AND ACTING THROUGH ITS BRANCH
            OFFICE AT BRANCH MANAGER
             SBI
             GENERAL INSURANCE CO. LTD. 2ND FLOOR
             LAKSHMI DARSHAN BUILDING
             G.S. ROAD
             GUWAHATI-781005

Advocate for the Petitioner   : MR. R SHARMA, MR. S K GOSWAMI

Advocate for the Respondent : ,




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                         ORDER

18.11.2024 Heard Mr. S. K. Goswami, learned counsel for the petitioner.

By filing this appeal under Section 30 of the Employee's Compensation Act, the appellant has prayed for setting aside the judgment and award dated 25.07.2024 passed by the learned Commissioner, Employee's Compensation, Kamrup, Guwahati in E. C Case No. 30/2018.

Issue notice to the respondents by registered A/D post and usual process, returnable within 4(four) weeks.

The appeal is admitted on the following substantial question of laws:

(1) Whether the learned Commissioner is right in giving direction to the appellant company to pay award without deciding the matter Page No.# 3/3

as per requirement of Section 10A of the Employee's Compensation Act, 1923?

(2) Whether claim under Employee's Compensation Act, 1923 maintainable without making the employer as party and held principal employer liable?

(3) Whether the SBI General Insurance Company is liable to indemnify the appellant company as per policy of insurance i.e. Policy No. 0000000003581394-01 valid on the date of alleged accident.

The parties are at liberty to raise any other substantial questions of law at the time of hearing.

Call for the trial court record pertaining to E. C Case No. 30/2018 from the court of learned Commissioner, Employee's Compensation, Kamrup, Guwahati.

Registry to procure the same.

List the matter accordingly after 4(four) weeks.

JUDGE

Comparing Assistant