MFA 77/2007. Gauhati High Court
| Case Number | MFA 77/2007 |
| Judgement Date | April 25, 2018 |
| Court | Gauhati High Court |
THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MFA 77/2007
New I ndia Assurance Co. Ltd.
-vs-
Shahjahan Ali
BEFORE
HON’BLE MR. JUSTICE KALYAN RAI SURANA
Advocates for the Appellant : Mr. S S Sarma,
Mr. K K Bhatta,
Mr. R K Bhatra,
Mr. A Saikia ……………Advocates
Advocates for the Respondent : The learned counsel.
Date of Hearing and Judgment : 25.04.2017
JUDGMENT AND ORDER
Heard Mr. R K Bhatra, learned counsel for the appellant. None appears on call for the respondent. Despite regular service of notice on the respondent No. 1 and substituted service of summons by newspaper publications of summons in respect of respondent No. 2.
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The appeal was admitted by order dated 21.9.2015 on the following substantial question of law :
“Whether the impugned judgment and award passed by the learned trial court is in conformity with the provision of Section
Page 1 of 4
4(1)(c)(ii) of the Employees’ Compensation At, 1923, in view of the fact that no qualified medical practitioner has been examined?”
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The challenge in this appeal filed under Section 30 of the Workmen’s Compensation Act, 1923, now renamed as “Employees’ Compensation Act, 1923” is the judgment and order dated 15.3.2017 passed by the learned Commissioner, Workmen’s Compensation, Dhubri in WC Case No. 1/ 2006 awarding a compensation of Rs. 1,58,364/ - to the respondent No. 1/ claimant namely, Shahjahan Ali in injuries allegedly sustained on 30.10.2005 while working as a handyman in the Truck bearing Reg. No. AS-17/ 1995.
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The pointed argument of the learned counsel for the appellant is that the respondent No 1 herein had proved that exhibits No. 1 to 8 including the XRay plate, out of which Ext.1 is the accident report, showing that the accident took place on 30.10.2005 at about 10:30 am. I t appears from the said document that the information of such accident was recorded as GDE No. 930 dated 21.11.2005. Ext.2 is the medical certificate dated 28.12.2005, as per which the respondent No. 1 was examined by the Medical and Health Officer on
21.12.2005 at 10:40 am at Civil Hospital, Dhubri. Ext.3 and Ext.4 are the prescriptions by the doctor. Ext.5 is the discharge slip issued by Dhubri Civil Hospital showing the respondent No. 1 was admitted on 21.12.2005. Ext.6 is the X-Ray report dated 3.12.2005. Ext.7 is postal receipt and Ext.8 is the notice under Section 10 of the Workmen’s Compensation Act. From the above, the learned counsel for the appellant has...
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