United India Insurance Company Limited vs Akbar Ali
2025 Latest Caselaw 3860 Gua

Gauhati High Court

United India Insurance Company Limited vs Akbar Ali on 7 March, 2025

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GAHC010047922023




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

                                   Case No. : MFA/11/2024

            UNITED INDIA INSURANCE COMPANY LIMITED
            A PUBLIC SECTOR UNDERTAKING COMPANY REGISTERED AND
            INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS
            REGISTERED OFFICE AT 24, WHITES ROAD, CHENNAI- 600014 AND ITS
            REGIONAL OFFICE AT CIBBER HOUSE, 2ND FLOOR, G.S. ROAD,
            GUWAHATI- 5, REPRESENTED BY ITS REGIONAL MANAGER, GUWAHATI,
            ASSAM.


            VERSUS

            1.Akbar Ali
            S/.O Fafal Ali
            R/.O village- Chakitup
            P.O. Chotahaibourgaon
             DIST.- NAGAON, ASSAM, PIN- 782002.

            2:KOUSHIK LOHIA
             S/O SAWARMAL LOHIA

            VILL.- OLD A.T. ROAD
            HAOBORGAON

            C/O JANATA IRON STRORE
            P.O. AND P.S.- HAIBORGAON
            DIST.- NAGAON
            ASSAM
            PIN- 782002

Advocate for the Petitioner   : MR. R C PAUL,

Advocate for the Respondent : ,
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                                BEFORE
             HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                     ORDER

07.03.2025

Heard learned counsel Mr. A.Paul for the appellant United India Insurance Company Limited.

The appellant is aggrieved by the Judgment and Order dated 09.01.2023 passed by the learned Commissioner, Employees' Compensation, Nagaon in NEC ( WC) Case No.61/2013 awarding a sum of Rs.5,24,328/- to be paid by the appellant /Opposite party No. 2 United India Insurance Company Ltd..

It is submitted that an appeal lies against the Judgment and Order in NEC ( WC) Case No.61/2013 as the Commissioner had erroneously held that the claimant is entitled to a compensation of Rs.5,24,328/- due to 50% loss of earning capacity and directed the appellant i.e. the insurance company to pay compensation.

It is further submitted that the insurance company is not liable to pay the compensation in a lis between the employer and the employee. The opposite party No.1 i.e. the owner of the vehicle is liable to pay compensation. The learned Court also did not decide whether the injury sustained by the claimant Md. Akbar Ali resulted in his permanent disability.

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I have considered the submissions at the Bar.

The Appeal is admitted.

Issue notice to the respondents, returnable within 04(four) weeks.

Call for the LCR.

List the matter after 04(four) weeks.

JUDGE

Comparing Assistant