Gauhati High Court
National Insurance Company Ltd vs Mostan Ali@Mastan Ali@ Mastak Ali And ... on 16 June, 2023
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GAHC010245992022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3558/2022
NATIONAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
STREET, KOLKATA, AND ITS REGIONAL OFFICE AT GS ROAD,
BHANGAGARH, GUWAHATI
VERSUS
MOSTAN ALI@MASTAN ALI@ MASTAK ALI AND ANR. B
S/O MONUHAR ALI, RESIDENT OF VILLAGE LALARCHAK, PS AND DIST
KARIMGANJ, ASSAM 788722
2:MORTUJA HUSSAIN
S/O LATE SAMSUL HOQUE
RESIDENT OF VILLAGE NIZNATHUPUR
PS AND DIST KARIMGANJ
ASSAM 78871
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent :
Linked Case : MFA/103/2022
NATIONAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
MIDDLETON STREET
KOLKATA
AND ITS REGIONAL OFFICE AT GS ROAD
BHANGAGARH
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GUWAHATI
VERSUS
MOSTAN ALI@MASTAN ALI@ MASTAK ALI AND ANR.
S/O MONUHAR ALI
RESIDENT OF VILLAGE LALARCHAK
PS AND DIST KARIMGANJ
ASSAM 788722
2:MORTUJA HUSSAIN
S/O LATE SAMSUL HOQUE
RESIDENT OF VILLAGE NIZNATHUPUR
PS AND DIST KARIMGANJ
ASSAM 788713
------------
Advocate for : MR. R GOSWAMI
Advocate for : appearing for MOSTAN ALI@MASTAN ALI@ MASTAK ALI AND
ANR.
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
16.06.2023 Heard Mr. R. Goswami, learned counsel for the appellant.
This appeal, under Section 30 of the Employee's Compensation Act, 1923, is preferred against the judgment and decree dated 05.08.2022, passed by the learned Labour Officer Cum Commissioner, for Employee's Compensation, Karimganj, in E.C. Case No. 01/2021.
Upon hearing the learned counsel for the appellant, this appeal is admitted on the following substantial questions of law:-
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1) Whether in the given facts where the claimant has not suffered amputation, does the finding of the learned Commissioner of the employees Compensation that the left leg of the claimant has been amputated suffered from perversity, which gives rise to a substantial question of law?
2) Whether in the given facts where the claimant has not suffered amputation does the learned Commissioner has the jurisdiction to assess compensation under Part I of Schedule I of the Act by presuming 100% loss of earning capacity?
The Court may also hear this appeal on any other substantial questions of law after notice to the parties.
Issue notice to the respondent, returnable within 4 (four) weeks.
The learned counsel for the appellant shall take steps for service of notice upon respondents by registered post with A/D as well as by usual process within a week from today.
List the matter after Summer vacation.
JUDGE Comparing Assistant