The New India Assurance Co. Ltd vs Monowar Hussain Miah And Anr
2025 Latest Caselaw 7604 Gua

Gauhati High Court

The New India Assurance Co. Ltd vs Monowar Hussain Miah And Anr on 24 September, 2025

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GAHC010212002025




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

                                   Case No. : MFA/41/2025

            THE NEW INDIA ASSURANCE CO. LTD.
            HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87,
            MAHATMA GANDHI ROAD, FORT, MUMBAI-400001, AND ONE OF THE
            REGIONAL OFFICES AT STAR CITY COMPLEX, 5TH FLOOR, M.S.S. PATH,
            LACHIT NAGAR, GUWAHATI-781005 AND VARIOUS DIVISIONAL BRANCH
            AND MICRO OFFICES THROUGHOUT THE COUNTRY

            VERSUS

            MONOWAR HUSSAIN MIAH AND ANR
            S/O. OSMAN ALI, R/O. VILL.- BALADUBA, P/S. SOUTH SALMARA, DIST.
            DHUBRI, ASSAM, PIN-783334.

            2:JEHERUL HAQUE
             S/O. LT. ABDUL GAFUR
             R/O. VILL.- BAGODI
             P/S. AND DIST. BARPETA
            ASSAM
             PIN-78131

Advocate for the Petitioner   : MR. S PEGU, MR. A J SAIKIA

Advocate for the Respondent : ,
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                                       BEFORE
              HON'BLE MRS. JUSTICE MITALI THAKURIA

                                       ORDER

24-09-2025

Heard Mr. A. J. Saikia, learned counsel for the appellant.

This is an appeal filed under Section 30 of the Workmen's/Employees Compensation Act, 1923 against the judgment and award dated 15.07.2025, passed by the Commissioner, Employees' Compensation, Barpeta, Assam in EC Case No. 214/2024.

Upon hearing the learned counsel for the appellant, this appeal is admitted on the following substantial questions of law:-

1. Whether the learned Commissioner, Workmen's/ Employees' Compensation, Barpeta, Assam had eared in adjudicating the claim under the provisions of Section 4 (1) (C) Workmen's/Employees Compensation Act, 1923 instead of Section 4 (1) (d) of said Act?

2. Whether the learned Commissioner, Workmen's/ Employees' Compensation, Barpeta, Assam had eared in considering the disability certificate while adjudicating the case which was premature one?

3. Whether the learned Commissioner, Workmen's/ Employees' Compensation, Barpeta, Assam had erred in adjudicating the claim under the Workmen's/Employees Compensation Act, 1923 taking monthly salary of the victim as Rs.10,600/- at the relevant time of accident in question?

The Court may also hear this appeal on any other substantial questions of law after notice to the respondents.

Issue notice to the respondents, returnable within 4 (four) weeks.

The learned counsel for the appellant shall take steps for service of notice Page No.# 3/3

upon the respondents by registered post with A/D as well as by usual process within a period of 3 (three) days from today.

Also, call for the LCR.

List the matter after the Puja Vacation on a date to be fixed by the Registry.

JUDGE

Comparing Assistant