NATIONAL INSURANCE CO LTD Vs. MD TAYEB ALI @ TALIB ALI
LAWS(GAU)-2018-7-117
HIGH COURT OF GAUHATI
Decided on July 10,2018

NATIONAL INSURANCE CO LTD Appellant
VERSUS
Md Tayeb Ali @ Talib Ali Respondents

JUDGEMENT

Kalyan Rai Surana, J. - (1.) Heard Mr. S. S. Sharma, learned Senior Counsel assisted by Mr. B. J. Mukherjee, learned counsel for the appellant. None appears on call for the respondents although notices has been duly served. Moreover, as per the LCR, it appears that the respondent No.1/ claimant has withdrawn 50% of the compensation amounting to Rs.58,601/- on 11.09.2007 and, as such, the said respondent No.1 is deemed to be aware of this appeal.
(2.) It appears that this Court by order dated 20.03.2018 had directed the Secretary, Gauhati High Court Legal Aid Committee for doing the needful and the said Committee had appointed the legal aid counsel whose names are reflected in the Cause-list. However, none appears on call for the respondents No.1 and 2. Hence, the matter has been heard ex-parte against them.
(3.) It also appears that the appeal was admitted by order dated 08.04.2015. However, no substantial question of law were framed. Therefore, this Court is inclined to frame the following substantial question of law on which this appeal would be heard: 1) Whether the assessment of the disability and the loss of earning capacity as certified by the Doctor (PW-2) is sustainable for awarding compensation in favour of the respondent No.1? 2) In view of the nature of evidence tendered by the PW-1, whether the learned Commissioner was justified in holding the respondent No.1 to have suffered from permanent partial disability?;


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