MFA 83/2007. Gauhati High Court

Case NumberMFA 83/2007
Judgement DateMarch 02, 2021
CourtGauhati High Court

I N THE GAUHATI HI GH COURT

( THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM & ARUNACHAL PRADESH)

M.F.A. NO. 83/ 2007

United I ndia I nsurance Co. Ltd.

….. Appellant -Vs-

Sri Ratneswar Das & another

…. Respondents

For the petitioner : Mr. R. Goswami,

Mr. BJ Ghosh,

Mrs. T. Kalita,

Mr. J. Borooah, Advs.

For the respondent : None appears

BEFORE

HON’BLE MR. JUSTI CE KALYAN RAI SURANA

Date of hearing &

Judgment : 02-03-2017

JUDGMENT & ORDER ( ORAL)

1) Heard Mr. R. Goswami, learned counsel for the appellant. None appears on call on behalf of the respondents. As per the order of this Court dated 13.12.2016, it was recorded that earlier counsel for respondent No.1 had withdrawn from the case and the Court had issued notice to the respondent No.1 to make alternative arrangement. But despite due service of notice on respondent No.1, no alternative step was taken. Hence, the matter is heard ex-parte against the respondents.

MFA No.83/ 2007 Page 1 of

2) This appeal under Section 30 of the Workmen’s Compensation Act, 1923 (now Employees Compensation Act, 1923) is directed against the judgment and order dated 24/ 05/ 2007 passed by the learned Commissioner, Workmen’s compensation, Kamrup in W.C. Case No. 249 of 2003. The appeal was admitted on the following substantial questions of law:

“1. Whether an assessment of loss of earning capacity, as a result of non-specified injury, which did not take into consideration the profession of the workman and the functions which he has to perform in the course of his duty, is an assessment of loss of earning capacity as per provisions of the W.C. Act, 1923.

  1. Whether the appellants, as Insurers, are liable for compensation for non-specified injury if the assessment of loss of earning capacity, allegedly suffered by a workman, was made without taking into consideration the jobs/ functions performed by the workman in the course of his duty.

  2. Whether the Commissioner for Workmen’s Compensation under Workmen’s Compensation Act, 1923 can award interest from the date of the accident in the case of a nonscheduled injury when the compensation could be determined by the Commissioner for Workmen’s Compensation only after the assessment of the loss of earning capacity is made by a qualified medical practitioner.

    MFA No.83/ 2007 Page 2 of

  3. Whether the Commissioner for Workmen’s Compensation under Workmen’s Compensation Act, 1923 can award interest from the date of the accident in the case of a nonscheduled injury when the claimant completes service of notice as belatedly as two and a half years after the accident without assigning any reasons for the delay.

  4. Whether the appellants who are the Insurer are liable for compensation if the findings of fact by the Commissioner for Workmen’s Compensation as regards the permanent disability as well as the alleged loss of earning capacity suffer from perversity.”

    3) The case, in brief, is that the respondent No. 1 was an employee of the respondent No.2 as a conductor of the bus bearing Registration No. AS-25-A–7095 which met with an accident on 07/ 01/ 2003 at about 5-00 A.M. while the vehicle was proceeding from Barpeta towards Guwahati at Bamuna Bridge on Barpeta– Bhawanipur PWD Road. As a result of the accident, the respondent No. 1 sustained injuries and he was...

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