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2014 Supreme(Tri) 307

DEEPAK GUPTA
Animesh Nath – Appellant
Versus
Kshitish Saha – Respondent


Advocates Appeared:
For the Appellant/Petitioner/Plaintiff:S. Acharjee, Advocate
For the Respondents/Defendant:S.M. Chakraborty, Sr. Advocate and Bratati Chakraborty, Advocate

JUDGMENT

Deepak Gupta, C.J.:--

1. This appeal under section 30 of the Workmen’s Compensation Act (hereinafter referred to as Act) was admitted on 25-07-2008 on the following question of law:-

Whether, examination of the medical officer who issued the disablement certificate is a sine qua non for providing the disablement of the insured?

2. Briefly stated, the facts of the case are that the petitioner filed a petition under sections 4, 4A and 22 of the Act claiming compensation on account of injuries sustained by him in an accident which took place on 02-11-2004 in course of his employment under the opposite party Shri Kshitish Saha.

3. The claim of the petitioner is that he was a workman working in the “Ramkrishna Spun Pipe Industry” owned by the opposite party. At about 10 a.m. when he was trying to pull up an iron wheel, he sustained injury in his waist. He was taken to the Narsingarh Primary Health Centre and on the following day he was taken to G.B. Hospital, Agartala for better treatment. He was treated in G.B. Hospital as indoor patient from 03-11-2004 to 22-11-2004. He was not cured and thereafter he went to some private doctor. According to the petitioner, he became permanently











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