Anubha Rawat Choudhary, J. - (1.) Heard Mr. D. C. Mishra, counsel for the appellant.
(2.) Heard Mr. A. K. Das, counsel appearing for the private respondent.
(3.) The matter was heard at length on 07.01.2019 with the consent of the parties on following substantial question of law:- (a)Whether application for payment of compensation under Workmen Compensation Act, 1923 filed before the authority below, was barred by res-judicata as the compensation arising out of the same incident with respect to the private respondent was already assessed by the competent authority at Gangtok? (b)Whether application for payment of compensation under Workmen Compensation Act, 1923 suffers from material suppression by the respondent before the authority below in as much as the private respondent did not disclose the fact that the compensation arising out of the same incident with respect to the private respondent was already assessed by the competent authority at Gangtok?;