Allowed

National Insurance Co. Ltd. v. Md. Ismail Hussain and Anr.

Gauhati HC3 Sept 2019MFA/59/2014

Case brief

AI extract

What is this about?

The High Court disposed of an appeal concerning employee compensation where medical evidence was ambiguous regarding the permanence of the injury. The Court directed the Insurance Company to pay a settled compensation of Rs. 1,40,000 plus interest instead of remanding the matter for fresh evidence due to the passage of time and the victim's advanced age.

What did the court decide?

The appeal was disposed of; the appellant was directed to pay the respondent Rs. 1,40,000 as compensation plus 7.5% interest from the date of the judgment and to pay the balance after deducting the am

National Insurance Co. Ltd. Vs Md. Ismail Hussain and… — Service and Employment | Gauhati HC (2019)

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Page No.# 1/4

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GAHC010013942014

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : MFA 59/2014

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1:NATIONAL INSURANCE CO. LTD.

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A COMPANY REGISTERED AND INCORPATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET, KALKATA 700071 AND ONE OF ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI-5, REPRESENTED BY ITS CHIEF REGIONAL MANAGER.

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VERSUS

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1:MD. ISMAIL HUSSAIN and ANR,

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S/O ABDUL SALAM MANDAL, PERMANENT R/O DHING GATE, NAGAON, DIST. NAGAON, ASSAM.

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2:MD. HUSSAN KHA S/O LATE JARIP KHA DHING FATE P.O. HAIBORGAON DIST. NAGAON ASSAM

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P R E S E N T

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HON’BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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For the appellant : Ms. S. Roy, Advocate,

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For the Respondents : Mr. M.H. Rajbarbhuiyan, Advocate

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Date of hearing : 03.09.2019

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Page No.# 2/4

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Date of Judgment & : 03.09.2019 Order

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JUDGMENT AND ORDER

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(Oral)

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Heard Ms. S. Roy, learned counsel for the appellant. Also heard Mr. M.H. Rajbarbhuiyan, learned counsel for the respondents.

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The claim before the Commissioner for Employee’s Compensation, Tezpur, Sonitpur resulting in Case No.SCW 11/2001 was that on 2.2.2001 when the claimant, who was working as a handyman in Truck No.AS-25/0358, was proceeding from Nagaon, had met with an accident at a place called Gumutha gaon. As a result of the accident, as per evidence of the doctor who had attended to the claimant workman, he had sustained injuries on his head as well as below the knee joint of the right leg. In the evidence of the doctor, an opinion was given that the claimant workman had suffered 40% disability and he has lost his earning capacity by 50 per cent.

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We have taken note that the doctor in his evidence had not specifically stated as to whether the injuries sustained by the workman claimant was of permanent in nature or it was of temporary nature.

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The Commissioner has per judgment and award dated 22.08.2013 had awarded an amount of Rs.1,97,955/- plus simple interest at the rate of 7.5% per annum from the date of the institution of the claim petition.

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Being aggrieved, the appellant Insurance Company has preferred this appeal.

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The core ground urged by the appellant is that the doctor having not deposed whether the injury sustained by the workman was of permanent or temporary in nature, the Commissioner for

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Page No.# 3/4

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Employee’s Compensation was incorrect in awarding the compensation by taking it to be a claim under Section 4(1)(c) of the Workmen’s Compensation Act, 1923.

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In order to appreciate the same, we have perused the evidence of P.W. 2, the Medical Officer, who had examined the injuries sustained by the workman claimant. Upon going through his evidence, we, in-fact, find that there is no conclusion and/or opinion expressed by the medical officer as to whether the injuries sustained by the workman claimant was of permanent in nature or it was of temporary nature. The nature of injuries sustained also makes it indeterminable for the Court to arrive at a specific conclusion as to whether it was of permanent in nature or it was of temporary nature. As the injuries were sustained about 20 years back, it will be inappropriate to remand the matter back for fresh evidence on the nature of the injuries sustained. We cannot be oblivious of the fact that in the meantime the workman is at an advance age, approximately by 20 years.

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In view of the impediments, as indicated above, we are of the view that if the appellant and the workman claimant arrive at a mutually agreeable settlement as to the amount of compensation, then the ends of justice would be met. Accordingly, Ms. S.Roy, learned counsel for the appellant Insurance Company as well as Mr. M.H. Rajbarbhuiyan, learned counsel for the workman claimant arrive at a settlement that if the claimant appellant pays a compensation amounting to Rs.1,40,000/-, the same would meet the ends of justice.

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The said settlement as arrived at is also acceptable to us also from the point of view that if ultimately we arrive at a conclusion that the workman workman claimant would be covered by Section 4(1)(d) of the Act, then there would perhaps be a maximum compensation of Rs.90,000/or if the workman claimant compensation is covered by Section 4(1)(c) of the Act, then the compensation awarded by the Workmen for Employee’s Compensation would have been

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Page No.# 4/4

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adequate.

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In view of the above, we direct the appellant Insurance Company to pay Rs.1,40,000/- as compensation to the respondent workman claimant plus an interest at the rate of 7.5% as awarded by the Commissioner, but from the date of the judgment and not from the date of the claim or the injury.

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It is stated that at the time of admission of the appeal, 50% of the awarded amount was deposited before the Registry of this Court and the note of the Registrar General shows that an amount of Rs.1,11,477/- was received by the claimant workman on 23.04.2015. If we take note of the fact that an interest of 7.5% was awarded, it appears to us that the appellant Insurance Company had paid 50% of the awarded amount of Rs.1,97,955/-.

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Accordingly, pursuant to the above, the appellant Insurance Company shall now pay the balance amount of Rs.1,40,000/- minus 50% of Rs.1,97,955/- and pay an interest at the rate of 7.5% from the date of judgment on the said balance amount. The payment be made within one month to the respondent workman.

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The appeal stands disposed of .

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JUDGE

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Comparing Assistant

National Insurance Co. Ltd. v. Md. Ismail Hussain and Anr.

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd. v. Md. Ismail Hussain and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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