MFA 56/2009. Gauhati High Court

Case Number:MFA 56/2009
Judgement Date:February 23, 2021
Court:Gauhati High Court

TH E GAUH ATI H I GH COURT

( TH E H I GH COURT OF ASSAM , N AGALAN D, M I ZORAM & ARUN ACH AL PRADESH )

M FA N o. 5 6 of 2 0 0 9

SRI UTTAM KR. SAHA …..Pet it ioner

Vs.

MD. AYUB ALI & ANR. ..…Re spondent s

BEFORE

H ON ’BLE M R. JUSTI CE KALYAN RAI SURAN A

Advocates for the Petitioner : Mrs. B. Choudhury, Ms. B.S. Gogoi

Advocates for the Respondent: None appears

Date of hearing : 23.02.2017

Date of j udgm ent and order : 23.02.2017

JUDGM EN T AN D ORDER ( Ora l)

1) Heard Mrs. B. Choudhury, learned counsel appearing for the appellant. None appears on call for the respondent although nam e is shown in the cause list even on an earlier occasion on 09.02.2017 although the learned counsel for the appellant was present but no one has appeared for the respondent. As the m atter is taken up for hearing even in the absence of the learned counsel for the respondent.

MFA No. 56 of 2009 Page

2) By filing this appeal under Section 30( 1) of the Workm en’s Com pensation Act , 1923 ( now Em ployees’ Com ensation Act, 1923) , the appellant has challenged the j udgm ent and award dated 26.02.2009 passed by the learned Com m issioner, Workm en’s Com pensation, Darrang at Mangaldai in W.C. Case No. 2/ 2002, awarding a sum of Rs. 25000/ - as com pensation to respondent No. 1, nam ely, Md. Ayub Ali.

3) The appellant herein is t he owner of a bus bearing Registration No. AS/ 13/ 1521. I t is subm it ted that t he said vehicle was duly insured with the respondent No. 2 and the insurance was valid for the period of 25.05.2002 to 25.05.2003. While the vehicle was on arm y duty, it m et with an accident on 14.07.2002 due to som e m echanical problem with the steering, which suddenly failed, for which the vehicle fell into a pond near Kam alpur. As a result of the accident, the respondent No. 1, who was the driver of the said bus had sustained inj uries. The respondent No. 1 had filed a com pensation claim before the learned Com m issioner, Workm en’s Com pensation, Darrang at Mangaldai. The said case was registered as W.C. Case No. 2/ 2002.

4) The respondent No. 1 exam ined him self as PW. 1 and as per the evidence recorded by t he learned Com m issioner, Workm en’s Com pensation, PW. 1 had exhibited prescriptions, certificate, vouchers and copy of the driving license, which was m arked as exhibit No. 1 to 30. On perusal of the copy of the driving license available in page 92 to 94 of the trial court record, it appears that the said driving license was issued in t he...

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