Page No.# 1/4 GAHC010148342023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MFA/18/2024 ORIENTAL INSURANCE COMPANY LTD. A CENTRAL GOVT. UNDERTAKING HAVING ITS REGISTERED OFFICE AT GUWAHATI, GS ROAD, ULUBARI, GUWAHATI 781007 REPRESENTED BY THE DEPUTY MANAGER, GAUAHATI REGIONAL OFFICE, ULUBARI, GUWAHATI 781005 VERSUS SHARIFUL ISLAM AND ANR. E S/O NIZAM UDDIN, RESIDENT OF VILLAGE CHALA PATHAR, PO CHALA PATHAR, PS BHATADRAVA, DIST NAGAON, ASASM 782122 Advocate for the Petitioner : MS. R D MOZUMDAR, Advocate for the Respondent : MR. T BAIDYA, Linked Case : I.A.(Civil)/1830/2024 ORIENTAL INSURANCE COMPANY LTD. A CENTRAL GOVT. UNDERTAKING HAVING ITS REGISTERED OFFICE AT GUWAHATI GS ROAD ULUBARI GUWAHATI 781007 REPRESENTED BY THE DEPUTY MANAGER GAUAHATI REGIONAL OFFICE ULUBARI Page No.# 2/4 GUWAHATI 781005 VERSUS SHARIFUL ISLAM AND ANR. S/O NIZAM UDDIN RESIDENT OF VILLAGE CHALA PATHAR PO CHALA PATHAR PS BHATADRAVA DIST NAGAON ASASM 782122 2:M/S NETWORK TRAVEL AGENCY 17 GS ROAD PALTANBAZAR GUWAHATI PO AND PS PALTAN BAZAR DIST KAMRUPM ASSAM 781008 ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for SHARIFUL ISLAM AND ANR. BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 08.01.2025 Heard Ms. R.D. Mozumdar, learned counsel for the appellant. This is an appeal under Section 30 of The Employee’s Compensation Act, 1923 against the Judgment/Award dated 12.04.2023 passed by the learned Asstt. Labour Commissioner cum Commissioner for Employee’s Compensation, Nagaon (Assam) in NEC Case No. 5/2022. The appeal is admitted on the following substantial questions of law:- i) Whether the Commissioner can assess the loss of earning Page No.# 3/4 capacity as per Section 4 of the E.C. Act, 1923? ii) Whether in view of the fact that there was no employee and employer relationship between the respondent No. 1 and respondent No. 2 as required under Section 3 of the E.C. Act, 1923, the appellant could have been directed to pay the compensation in a perverse manner? iii) Whether in view of the fact that no premium was paid to cover the legal liability of the injured/petitioner, the insurance company will be liable to pay compensation to the injured/petitioner as decided by the Commissioner in a perverse manner? It appears that though Mr. T. Baidya, learned counsel has entered appearance on behalf of the respondent No. 1 and a copy of the Memorandum of Appeal has also been served upon him, however, today, when the matter was called for admission, there was no representation on behalf of the respondent No. 1. In view of the above, let notice be issued, returnable in 3 (three) weeks. Steps be taken for service of notice upon the respondent Nos. 1 & 2 by registered post with A/D within 3 (three) days from today. Call for the case record from the Asstt. Labour Commissioner cum Commissioner for Employee’s Compensation, Nagaon (Assam). Page No.# 4/4 List the matter after 3 (three) weeks on a date to be fixed by the Registry. JUDGE Comparing Assistant