ORIENTAL INSURANCE CO LTD Vs. PHANIDHAR DAS AND ANR
LAWS(GAU)-2018-11-117
HIGH COURT OF GAUHATI
Decided on November 29,2018

ORIENTAL INSURANCE CO LTD Appellant
VERSUS
Phanidhar Das And Anr Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. A. Dutta, learned counsel appearing for the appellant. I have also heard Mr. J. Kalita, learned counsel representing respondent no.1. None appears for the respondent no. 2.
(2.) The present appeal has been preferred against the judgement and award dated 16/07/2012 passed by the Commissioner of Workman's Compensation, Kamrup, Guwahati in W.C. Case No. 140/2007 awarding a sum of Rs. 3,02,285/- as compensation to the respondent no.1/claimant on account of loss of earning capacity due to the injuries suffered by him with a direction to pay the amount within 30 days from the date of the award, with a stipulation that the amount would carry interest at the rate of 12% per annum in case of failure to make the payment within the aforesaid time.
(3.) The appeal was admitted by this court to be heard on the following substantial question of law :- "Whether the learned Commissioner, Workmen's Compensation was justified in awarding the compensation under the provisions of Section 4(1)(c) (ii) of the Employees' Compensation Act?";


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