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2024 Supreme(Gau) 743

DEVASHIS BARUAH
National Insurance Co Ltd. – Appellant
Versus
Jadu Gogoi S/o Sri Gangadhar Gogoi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mrs. R. D. Mozumdar, Advocate
For the Respondent:Mr. S. Dutta, Sr. Advocate, Ms. S. Mochahari, Advocate

JUDGMENT :

Heard Mrs. R. D. Mozumdar, the learned counsel appearing on behalf of the Appellant and Mr. S. Dutta, the learned Senior counsel assisted by Ms. S. Mochahari, the learned counsel appearing on behalf of the Respondents.

2. This is an appeal under Section 30 of the Workmen’s Compensation Act, 1923 presently the Employee’s Compensation Act, 1923 challenging the award dated 14.12.2012 in W.C. Case No.51/2008 whereby the learned Commissioner for Employee’s Compensation at Golaghat (hereinafter referred to as “the learned Tribunal”) had awarded an amount of Rs.3,07,540/-along with simple interest @9% per annum on the total amount of compensation from the date of filing of the petition till the date of realization. It was also mentioned that the Appellant herein will be liable to pay the said compensation along with interest to the claimant and the amount was directed to be deposited within 30 (thirty) days from the date of the said order.

3. This Court vide an order dated 15.03.2013 admitted the instant appeal by formulating two substantial questions of law which are reproduced herein under:

    “1. Whether, in view of the specific requirement of the policy regarding valid driving

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