National Insurance Company Ltd vs Jinnat Ali And Anr
2025 Latest Caselaw 3238 Gua

Gauhati High Court

National Insurance Company Ltd vs Jinnat Ali And Anr on 17 February, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                   Page No.# 1/3

GAHC010162392024




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

                          Case No.: I.A.(Civil)/2471/2024

         NATIONAL INSURANCE COMPANY LTD
         A COMPANY REGISTERED AND UNCORPORATED UNDER THE COMPANIES
         ACT
         1956
          HAVING ITS REGISTERED OFFICE AT 3
          MIDDLETON STREET
          KOLKATA NAD ONE OF ITS REGIONAL OFFICE AT G.S. ROAD
          BHANGAGARH
          GUWAHATI
          REPRESENTED BY ITS REGIONAL MANAGER
          GUWAHATI
         ASSAM.


          VERSUS

         JINNAT ALI AND ANR
         S/O. ASAN UDDIN
          R/O. VILL- BAGODI
          P.O. GAHIYA
          P.S. BARPETA
          DIST. BARPETA
          ASSAM
          PIN-781311.

         2:ABUL HUSSAIN
         S/O. MAFIZ UDDIN
          R/O. C/O.BASANTA DEKA
          LANKESWAR
          P.S- JALUKBARI
          DIST- KAMRUP (METRO)
         ASSAM
          PIN-781013.
          ------------
                                                              Page No.# 2/3



For the applicant (s)    : Ms. S. Roy, Advocate

For the respondent (s) : XXXX

                             BEFORE
              HON'BLE MR. JUSTICE DEVASHIS BARUAH
                            ORDER

17.02.2025

This is an application filed for stay of the judgment and award dated 11.06.2024 passed in WC Case No.454/2016 by the learned Commissioner, Workmen's Compensation, Barpeta.

2. From the materials on record, it is seen that this Court has already framed the substantial question of law and admitted the accompanying Appeal. The substantial question of law which is formulated by this Court is in respect to whether the claimant would be entitled to compensation as a permanent partial disablement or temporary partial disablement.

3. Taking into account that in both the cases, the claimant is entitled to certain amount, this Court, during the course of the hearing, enquired with the learned counsel appearing on behalf of the applicant as to how much amount the claimant would have been entitled to, if it was a case of temporary partial disablement. The learned counsel for the applicant submitted that the claimant would have been entitled to an amount of Page No.# 3/3

Rs.2,70,000/- instead of Rs.3,08,221/-.

4. Taking into account the scope of the instant Appeal, this Court stays the judgment and award dated 11.06.2024 passed in WC Case No.454/2016 by the learned Commissioner, Workmen's Compensation, Barpeta subject to deposit of Rs.2,70,000/- by the appellant before the Registry of this Court within 6 (six) weeks from the date of the instant order.

5. It is further observed that the claimant would be at liberty to file an application before the Registry of this Court for the purpose of release of the said amount and the Registry upon proper verification and identification and upon furnishing of the bank details shall release the said amount to the claimant.

6. In view of the above, the I.A. stands disposed of.

JUDGE

Comparing Assistant