New India Assurance Company Ltd vs Suman Devi And 3 Ors
2024 Latest Caselaw 6437 Gua

Gauhati High Court

New India Assurance Company Ltd vs Suman Devi And 3 Ors on 30 September, 2024

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GAHC010197422023




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

                           Case No. : MFA/81/2023

         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT 87, M.G. ROAD, FORT,
         MUMBAI AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX,
         5TH FLOOR, LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD,
         GUWAHATI- 781007, AND A BRANCH OFFICE AT TINSUKIA IMPLEADED AS
         O.P. NO. 2 IN W.C CASE NO. 03/2014.



         VERSUS

         SUMAN DEVI AND 3 ORS.
         W/O LATE SHIV NATH SAH,
         R/O MARGHERITA BALUKHAD, P.O. AND P.S.- MARGHERITA,
         DIST.- TINSUKIA (ASSAM), PIN- 786181.

         2:RAJVEER SAH
          S/O LATE SHIV NATH SAH

         R/O MARGHERITA BALUKHAD
         P.O. AND P.S.- MARGHERITA

         DIST.- TINSUKIA (ASSAM)
         PIN- 786181.
         BEING MINOR
         REP. BY HIS LEGAL GUARDIAN MOTHER
         THAT IS
         RESPONDENT NO. 1.

         3:ROHIT SAH
          S/O LATE SHIV NATH SAH

         R/O MARGHERITA BALUKHAD
         P.O. AND P.S.- MARGHERITA
                                                                                Page No.# 2/3


               DIST.- TINSUKIA (ASSAM)
               PIN- 786181.
               BEING MINOR
               REP. BY HIS LEGAL GUARDIAN MOTHER
               THAT IS
               RESPONDENT NO. 1.

               4:SANKAR KUMAR PRADHAN
                S/O KRISHNA KUMAR PRADHAN

               R/O MARGHERITA
               NEAR POST OFFICE
               P.O. AND P.S.- MARGHERITA
               DIST.- TINSUKIA (ASSAM)
               PIN- 786181

Advocate for the Petitioner   : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA

Advocate for the Respondent : MR. A K GUPTA (r-1), MS B SARMA (r-1),MR. R S MISHRA (r-1)




                                          BEFORE
                   HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA

                                           ORDER

30-09-2024 Heard Ms. P. Borthakur, learned counsel for the appellant.

None has appeared for the respondent Nos. 1, 2 & 3.

The learned counsel for the appellant has submitted that the notice could not be served upon the respondent No. 4 even through dasti service, as the respondent No.4 has changed his address.

The learned counsel for the appellant has also submitted that this appeal has been preferred by New India Assurance Company Ltd. against the quantum awarded by judgment and order dated 13.07.2023 passed by the learned Assistant Labour Commissioner-cum- Commissioner, Workmen's Compensation, Tinsukia in W.C.Case No. 03/2014 and that this appeal may be decided remaining absence of the respondent No. 4.

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The learned counsel for the appellant prays for striking out the name of the respondent No.4 from the cause title.

Prayer of the appellant is allowed.

The Registry shall strike out the name of the respondent No.4 from the cause title of this appeal.

The records of the Trial Court have been received.

Let the case be listed for hearing in its usual course.

JUDGE

Comparing Assistant