National Insurance Co. Ltd. v. Md. Nazrul Islam and Anr.
Case brief
What is this about?
This Single Bench closed the appeal filed by insurance company against the compensation award. The court held that an insurance company need not pay the interest component as the respondent, absent from court, waived it by not participating, making remand futile due to lapse of time.
What did the court decide?
The order directed that no further amount comprising the interest component be paid to the claimant/respondent.
What the court decided
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GAHC010161902008
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MFA 46/2008
1:NATIONAL INSURANCE CO. LTD.
REGD. OFFICE AT 3, MIDDLETON STREET, KOLKATA, AND ONE OF THE REGIONAL OFFICE AT G.S.ROAD, BHANGAGARH, GHY, A DIVISION OFFICE AT BONGAIGAON AND A BRANCH OFFICE AT DHUBRI, ASSAM.
VERSUS
1:MD. NAZRUL ISLAM AND ANR
@ NAZRUL ISLAM SARKAR, S/O MD. ANSAR ALI, PO/PS. DHUBRI, DIST. DHUBRI, ASSAM.
2:MUSTT. SAHARBANU BEWA W/O LT. ALIMUDDIN SK VILL. AMCO ROAD PO/PS. DHUBRI DIST. DHUBRI ASSA
Advocate for the Petitioner : MR. S S SHARMA
Advocate for the Respondent : MS. M BARMAN AMICUS CURIAE
Issues for consideration
3 issues framed by the court
Whether the Commissioner for Workmen's Compensation could assess permanent disability percentage without expert medical evidence.
Whether the appeal should be remanded for proper assessment of injuries given the lapse of time and non-availability of the respondent.
Whether the respondent waived the interest component of the compensation by failing to participate in the proceedings.
Parties & counsel
- appellant
National Insurance Co. Ltd.
- respondent
Md. Nazrul Islam and another
Coram
Achintya Malla Bujo Barua
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · September
- Registered
- Case no.
- MFA/46/2008
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