THE NATIONAL INSURANCE CO. LTD. Vs. MRS. SARZINA BEGUM @ SARZINA BEWA AND 2 OTHERS
LAWS(GAU)-2018-4-141
HIGH COURT OF GAUHATI
Decided on April 25,2018

The National Insurance Co. Ltd. Appellant
VERSUS
Mrs. Sarzina Begum @ Sarzina Bewa And 2 Others Respondents

JUDGEMENT

SUMAN SHYAM, J. - (1.) Heard Mrs. R.D. Mazumdar, learned counsel for the appellants. I have also heard Mr. I.A. Talukdar, learned counsel representing the respondent Nos. 1 and 2. None appears for respondent No. 3.
(2.) This appeal has been preferred under Section 30 of the Employees' Compensation Act, 1923 (earlier Workman's Compensation Act, 1923), assailing the judgement and award dated 23/12/2009 passed by the Commissioner, Workman's Compensation, Dhubri in connection with case No. WC.35/2008 whereby an amount of Rs. 4, 84, 000/- has been awarded in favour of the claimants/respondent Nos. 1 and 2 for the death of the husband/son of the respective claimants, viz. Aktar Hussain.
(3.) Although the appeal was admitted by the order dated 27/07/2010 to be heard on as many as four substantial questions of law, yet, during the course of hearing, Mrs. Mazumdar has submitted that the questions of law Nos. 2, 3 and 4, as reflected in the order dated 21/07/2010, are already firmly settled due to the subsequent decisions of the Hon'ble Supreme Court as well as this Court and, therefore, need not be gone into by this Court in the present appeal. The learned counsel has, however, urged the substantial question of law No. 1, which is as follows:- "1. Whether the learned Commissioner was justified in determining the compensation ignoring Rule 28 of the WC Act, 1923.:";


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