Citation : 2025 Latest Caselaw 8141 Gua
Judgement Date : 29 October, 2025
Page No.# 1/3
GAHC010162522025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MFA/45/2025
MAGMA HDI GENERAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24, PARK
STREET, KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B, B201-
202 ECOSPACE BUSINESS PARK, AMBUJA REALITY CAMPUS, ACTION
AREA 110, NORTH TWENTY FOUR PARGANA, WEST BENGAL AND
BRANCH OFFICE AT F-FORT BUILDING, 2ND FLOOR, SOUTH SARANIA,
G.S. ROAD, GUWAHATI-781007
VERSUS
DIP CHANDRA DOLEY @ DIP CH. DOLEY AND ANR.
S/O. LT. DIMONDOL DOLEY, R/O. VIL.- PATICHUCK, P/S. AND DIST.
DHEMAJI, PIN-787057, ASSAM
PRESENT ADDRESS-
BONGAIGAON WARD NO. 25, P/S. AND DIST. BONGAIGAON, PIN-783380
2:M/S. D DUTTA ELECTRICAL
REP. BY DULU DUTTA
C/O. M/S. DUTTA ELECTRICAL
VILL.- BHAJO JALBHARI
P/O. AND P/S. DHEMAJI AND DIST. DHEMAJI
ASSAM
PIN-787057
Advocate for the Petitioner : MS. M SAIKIA, MS. P BORTHAKUR,MR. R GOSWAMI
Advocate for the Respondent : ,
Linked Case : I.A.(Civil)/3355/2025
MAGMA HDI GENERAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24
PARK STREET
KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B
Page No.# 2/3
B201-202 ECOSPACE BUSINESS PARK
AMBUJA REALITY CAMPUS
ACTION AREA 110
NORTH TWENTY FOUR PARGANA
WEST BENGAL AND BRANCH OFFICE AT F-FORT BUILDING
2ND FLOOR
SOUTH SARANIA
G.S. ROAD
GUWAHATI-781007
VERSUS
DIP CHANDRA DOLEY @ DIP CH DOLEY AND ANR.
S/O. LT. DIMONDOL DOLEY
R/O. VIL.- PATICHUCK
P/S. AND DIST. DHEMAJI
PIN-787057
ASSAM PRESENT ADDRESS- BONGAIGAON WARD NO. 25
P/S. AND DIST. BONGAIGAON
PIN-783380
2:M/S. D DUTTA ELECTRICAL
REP. BY DULU DUTTA
C/O. M/S. DUTTA ELECTRICAL
VILL.- BHAJO JALBHARI
P/O. AND P/S. DHEMAJI AND DIST. DHEMAJI
ASSAM
PIN-787057.
------------
Advocate for : MS. M SAIKIA
Advocate for : appearing for DIP CHANDRA DOLEY @ DIP CH DOLEY AND
ANR.
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 29.10.2025
1. Heard Mr. R. Goswami, the learned counsel for the appellant.
2. This appeal under Section 30 of the Workmen's Compensation Act, 1923 has been filed by the Insurance Company impugning the judgment and order dated 29.05.2025 passed by the learned Commissioner for Workmen's Compensation, Bongaigaon in E. C. Case No. 19/2023.
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3. After considering the submissions of the learned counsel for the appellant as well as after going through the materials on record, the following substantial question of law is formulated in this appeal:
"Whether the impugning the judgment passed by the learned Commissioner for Workmen's Compensation, Bongaigaon is perverse in as much as it did not discuss and consider the evidence adduced by the present appellant in E. C. Case No. 19/2023?"
4. Issue notice to the respondents.
5. The appellant shall take steps for issuance of notice upon the respondents by speed post within seven days from the date of this order, returnable after four weeks.
6. Let the records along with the E. C. Case No. 19/2023 be called for.
7. This appeal is admitted.
8. The appellant shall be at liberty to raise the other substantial question of law involved in this appeal in a precise manner during the course of hearing.
9. List accordingly.
JUDGE
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