The National Insurance Co. Ltd vs Pradip Kumar Das And Anr
2025 Latest Caselaw 3317 Gua

Gauhati High Court

The National Insurance Co. Ltd vs Pradip Kumar Das And Anr on 19 February, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                             Page No.# 1/3

GAHC010238482024




                                                                      undefined

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

                                Case No. : MFA/56/2024

          THE NATIONAL INSURANCE CO. LTD
          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

          PRADIP KUMAR DAS and ANR,
          S/O LATE NARAKANTA DAS, VILL. RAJAGHAT, PATHSALA, P.S. and DIST.
          BARPETA, ASSAM, PIN-781325.

          2:SUREN CH. DAS

           S/O LT. ARJUN CH. DAS
           VILL. KUIRDAHATI
           P.S. and DIST. BARPETA
           ASSAM OWNER PIN 78130

     For the Appellant(s)            : Ms. R. D. Mozumdar, Advocate

     For the Respondent(s)          : None appears
                                                                             Page No.# 2/3

                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                        ORDER

Date : 19.02.2025

Heard Ms. R. D. Mozumdar, the learned counsel appearing on behalf of the Appellant.

2. This is an appeal filed under Section 30 of the Workmen's Compensation Act, 1923 challenging the judgment/award dated 15.07.2014 passed by the learned Commissioner, Workmen's Compensation, Bajali Sub-Division, Barpeta in WC Case No.76/2013.

3. The appeal is admitted on the following question of law:

Whether in view of the fact that neither the doctor nor the workmen in their evidence stated that due to the injuries and the resultant disability would incapacitate the workmen in pursuing every employment, the compensation can be assessed under section 4(1)(C)(i) of the W.C. Act, 1923 as done by the Commissioner in a perverse manner?

4. Call for the records.

5. The Appellant is directed to take steps upon the Respondent No.1 by way of Registered Post with A/D as well as through usual process within 3 (three) days.

6. This Court further taking into account the scope of the instant appeal and the substantial question of law, strikes out the name of the Respondent No.2 from the array of parties.

7. The learned counsel appearing on behalf of the Appellant is directed to file a fresh memo of parties before the Registry of this Court and on the basis thereof, the Registry shall make necessary correction in the Page No.# 3/3

cause title and update the same in the CIS.

8. List this matter after completion of service.

JUDGE

Comparing Assistant