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2025 DAILYLAW 16503 (GAU)

NATIONAL INSURANCE COMPANY LTD v. JINNAT ALI AND ANR

I.A.(Civil)/2471/2024 · 2025-02-16

Devashis Baruah

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010162392024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No.: I.A.(Civil)/2471/2024 NATIONAL INSURANCE COMPANY LTD A COMPANY REGISTERED AND UNCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET KOLKATA NAD ONE OF ITS REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI REPRESENTED BY ITS REGIONAL MANAGER GUWAHATI ASSAM. VERSUS JINNAT ALI AND ANR S/O. ASAN UDDIN R/O. VILL- BAGODI P.O. GAHIYA P.S. BARPETA DIST. BARPETA ASSAM PIN-781311. 2:ABUL HUSSAIN S/O. MAFIZ UDDIN R/O. C/O.BASANTA DEKA LANKESWAR P.S- JALUKBARI DIST- KAMRUP (METRO) ASSAM PIN-781013. ------------ Page No.# 2/3 For the applicant (s) : Ms. S. Roy, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 17.02.2025 This is an application filed for stay of the judgment and award dated 11.06.2024 passed in WC Case No.454/2016 by the learned Commissioner, Workmen’s Compensation, Barpeta. 2. From the materials on record, it is seen that this Court has already framed the substantial question of law and admitted the accompanying Appeal. The substantial question of law which is formulated by this Court is in respect to whether the claimant would be entitled to compensation as a permanent partial disablement or temporary partial disablement. 3. Taking into account that in both the cases, the claimant is entitled to certain amount, this Court, during the course of the hearing, enquired with the learned counsel appearing on behalf of the applicant as to how much amount the claimant would have been entitled to, if it was a case of temporary partial disablement. The learned counsel for the applicant submitted that the claimant would have been entitled to an amount of Page No.# 3/3 Rs.2,70,000/- instead of Rs.3,08,221/-. 4. Taking into account the scope of the instant Appeal, this Court stays the judgment and award dated 11.06.2024 passed in WC Case No.454/2016 by the learned Commissioner, Workmen’s Compensation, Barpeta subject to deposit of Rs.2,70,000/- by the appellant before the Registry of this Court within 6 (six) weeks from the date of the instant order. 5. It is further observed that the claimant would be at liberty to file an application before the Registry of this Court for the purpose of release of the said amount and the Registry upon proper verification and identification and upon furnishing of the bank details shall release the said amount to the claimant. 6. In view of the above, the I.A. stands disposed of. JUDGE Comparing Assistant