Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MRIDUL KUMAR KALITA
National Insurance Company Limited – Appellant
Versus
Musstt. Jahura Khatun, W/o Late Giyas Uddin – Respondent
| Table of Content |
|---|
| 1. compensation awarded for death arising from employment. (Para 2 , 3 , 4 , 5 , 6) |
| 2. argument on liability due to learner's license details. (Para 10 , 12 , 16 , 18) |
| 3. defense that accident connected to employment. (Para 19 , 20 , 21 , 22 , 23) |
| 4. precedent on learner's license as valid. (Para 25 , 28) |
| 5. murder can be considered an accidental death. (Para 30 , 31 , 32) |
| 6. causation link between employment and death. (Para 34 , 36) |
| 7. court's final ruling and record return. (Para 37 , 38) |
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Ms. R.D. Mazumdar, the learned counsel for the petitioner. Also heard Ms. P. Barman, the learned counsel for the respondent Nos. 1, 2 and 3.
2. This appeal under Section 30 of the Workmen's Compensation Act, 1923, has been filed by the appellant, i.e., National Insurance Company Limited against the judgment and award dated 30.12.2017, passed by the learned Commissioner, Employee’s Compensation, Nagaon, Assam in N.E.C. Case No.17/2016.
3. By the impugned judgment and award, the learned Commissioner for Employee’s Compensation, Nagaon had awarded a compensation amount of Rs. 6,70,160/- (Rupees Six Lakh Seventy Thousand and One Hundred Sixty only)
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
