Allowed

New India Assurance Company Ltd. v. Suren Naiek and Anr.

Gauhati HC5 Jun 2024MFA/84/2021

Case brief

AI extract

What is this about?

The High Court set aside an ex parte compensation order passed against the Insurance Company and remanded the matter to the Commissioner to allow the Company a final opportunity to file a written statement and contest the claim.

What did the court decide?

Appeal allowed; impugned order set aside and matter remanded to Commissioner to grant opportunity to file written statement; 50% deposited amount returned.

New India Assurance Company Ltd. Vs Suren Naiek and… — Service and Employment | Gauhati HC (2024)

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Page No.# 1/2

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GAHC010064082021

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

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Case No. : MFA/84/2021

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NEW INDIA ASSURANCE COMPANY LTD.

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HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE NORTH EAST REGIONAL OFFICE AT G.S. ROAD, LACHIT NAGAR, GUWAHATI.

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VERSUS

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SUREN NAIEK AND ANR.

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S/O- PUSKAR NAIEK, R/O- VILL.- NAHORJAN, TEA ESTATE, P.O. AND P.S. BOKAKHAT, DIST.- GOLAGHAT, ASSAM.

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2:NAHORJAN TEA ESTATE REP. BY ITS MANAGER P.O. AND P.S. BOKAKHAT DIST.- GOLAGHAT ASSAM

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Advocate for the Petitioner : MR. K K BHATRA

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Advocate for the Respondent : MR. J BARMAN

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BEFORE

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HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 06.06.2024

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Heard Mr. A K Bhatra, learned counsel for the appellant as well as Mr. H P Guwala, learned counsel for the respondents.

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This appeal has been filed under Section 30 of the Employees Compensation Act, 1923 challenging the Judgment and Order dated 27.01.2021 passed by the Commissioner, Employees

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Page No.# 2/2

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Commission, Golaghat in E.C. Case No. 15/2016.

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The background of this appeal is like this : The respondents filed an application seeking compensation under the Employees Compensation Act of 1923. The Insurance Company was the opposite party in that case. After several dates, the Insurance Company could not file the written statement. Therefore, the learned Commissioner, Employees Commission, Golaghat proceeded exparte against the Insurance Company and awarded the compensation.

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Today, I have heard the learned counsel of both sides at length.

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Mr. Bhatra has pointed out several points while challenging the impugned order.

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Mr. Guwala has submitted that it is the negligence on the part of the Insurance Company which resulted in passing of the impugned order.

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I have considered the submission made by the learned counsel for both the sides.

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This court is of the opinion that the Insurance Company should be given one opportunity to file the written statement and to contest the case. Therefore, the appeal is allowed.

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The impugned Judgment and Order dated 27.01.2021 passed by the Commissioner, Employees Commission, Golaghat in E.C. Case No. 15/2016 is set aside.

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The matter is remanded to the Commissioner, Employees Commission, Golaghat. The Commissioner shall provide at least one opportunity to the Insurance Company to file written statement. If the Insurance Company fails to file the written statement, the Commissioner shall be at liberty to proceed exparte against the Insurance Company.

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Further, the Insurance Company shall be at liberty to adduce evidence and to crossexamine the witnesses of the claimants.

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The Commissioner shall endeavour to dispose of the case within next 6 (six) months of receiving the copy of this order.

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The 50% awarded amount which was deposited by the Insurance Company in the Registry of this court shall be returned to the Insurance Company.

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With the above, the appeal stands disposed of.

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JUDGE

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Comparing Assistant

New India Assurance Company Ltd. v. Suren Naiek and Anr.

Case brief

What is this about?

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New India Assurance Company Ltd. v. Suren Naiek and Anr.

Case brief

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What did the court decide?

What the court decided

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