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2010 Supreme(Gau) 307

TINLIANTHANG VAIPHEI
New India Assurance Co. Ltd. – Appellant
Versus
Waitilian I. Nongbet – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: V.K. Jindal, S. Jindal and S. Dey, Advs.
For Respondents/Defendant: H. Nongkhlaw and K. Sharon, Advs.

JUDGMENT

T. Vaiphei, J.

1. The sole question which falls for consideration in this application is whether the original claim petition, which gives rise to the connected appeal, will stand abated following the death of the original claimant on 28.8.2009. The facts material for disposal of the application may be noticed at the outset. On 18.2.2007 at about 8.30 P.M., while the deceased was driving a truck bearing No. ML 05 E 8373, he met with an accident at 4th Mile, Upper Shillong, which resulted in causing injuries on his left leg. He was initially admitted to Civil Hospital, Shillong on 18.2.2007, but was transferred to K.J.P. Hospital, Shillong on 22.2.2007. He was discharged from that hospital on 23.4.2007. The injuries sustained by in the accident were diagnosed as "Deglouing Injury on Left Leg". The deceased then filed the claim petition under Section 22 of the Workmen Compensation Act, 1923 ("the Act" for short) for payment of compensation under the head of loss of future income, medical and hospital bills, special food and attendance, cost of future treatment and pain and suffering. The petition was registered as W.C. Case No. M 18/1/2008. Both the employer and the applicant-i























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