National Insurance Company Limited v. Akul Ali and Anr

ORDER Date : 12.06.2024 Heard Ms. R. D. Mozumdar, learned counsel appearing for the appellant and Mr. N. Ahmed, learned counsel appearing for the respondent No. 2.

¶2None appears for the respondent No. 1.

¶3Today, as directed by this Court, the learned Junior Government Advocate, Ms. K. Phukan has submitted the original G.D. Entry No. 97 dated 10.08.2015 of Gobardhana Police Station.

¶4The claimant/the respondent No. 1 filed a Claim Petition before the Commissioner, Workmen's Compensation, Bajali stating that on 10.08.2015, he was working as a labourer in the Vehicle No. AS-15/C-6329. On that day, said vehicle met with an accident and the claimant/the respondent No. 1 had sustained serious injurious, as a result of which, he became disabled. The learned Commissioner granted compensation of Rs.1,33,428/-

¶5Here, the appellant has claimed that on 10.08.2015, no accident at all took place and the documents filed by the claimant/respondent are fraudulently prepared.

¶6Today, Ms. Phukan has produced the original GD Entry of Gobardhana Police Station.

¶7I have found that on 10.08.2015, no such accident had taken place.

¶8Therefore, this Court hereby holds that the claimant procured the judgment by filing fraudulent documents. Page No.# 3/3

¶9For that matter, the impugned judgment dated 11.01.2017 passed by the Commissioner, Workmen's Compensation, Bajali Sub-Division, Barpeta in W.C. Case No. 319 of 2015 is set aside.

¶10The first substantial question of law is answered in the affirmative.

¶11The appeal is allowed and disposed of accordingly.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010157022018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMFA/106/2018o NATIONALoINSURANCEoCOMPANYoLIMITEDo SUBSIDIARYoOFoGENERALoINSURANCEoCORPORATIONoOFoINDIA,o REGISTEREDoHEADoOFFICEoATo3oMIDDLETONoSTREET,oCALCUTTAo700071o REPRESENTEDoBYoTHEoASSTT.oMANAGER,oGAUHATIoREGIONALoOFFICE,o BHANGAGARH,oGUWAHATIo781005 VERSUSo AKULoALIoANDoANRo S/OoMAMTAJoALI,oR/OoVILL.oRADHAKUCHI,oP.S.oBARPETA,oDIST.oBARPETA,o ASSAM,oPINo781311,oTEMPORARYoADDRESSo-oVILL.oSARUPETA,oP.S.o PATACHARKUCHI,oDIST.oBARPETA,oASSAM,oPINo781318 2:WAHEDoALI oS/OoJALALoUDDIN oR/OoVILL.oCHAKIRBITHA oP.S.oBARPETA oDIST.oBARPETA oASSAM oPINo781352o(OWNERo AdvocateoforotheoPetitionerooooo:oMS.oRoDoMOZUMDARo AdvocateoforotheoRespondento:oMS.oSoDoSAIKIAo(R1)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA