Court No. - 6
Case :- FIRST APPEAL FROM ORDER No. - 3431 of 2018 Appellant :- Cholamandalam M.S. General Ins. Co. Ltd.
Respondent :- Tuntun And Another Counsel for Appellant :- Rahul Sahai Counsel for Respondent :- V.C.Dixit
Hon'ble Ashok Kumar,J.
Heard learned counsel for the appellant.
This appeal is filed against the Judgment and award dated 01.02.2018 passed by the Workmen Compensation Commissioner/Assistant Labour Commissioner, Azamgarh in Case No. Azam. W.C.A. 85/2014 The sole issue in the instant appeal is with regard to the age of the claimant. Based on the disability certificate issued by the Doctor attached with office of Chief Medical Superintendent, Buxar signed by the doctor attached with the Chief Medical Superintendent, Buxar and another Doctor i.e. Medical Officer Sadar, Buxar.
It is apparent, from the aforesaid disability certificate enclosed as annexure 2 to the memo of appeal that there is a gap and cutting in the said certificate disclosing the date and the birth year which is changed as is evident.
This Court vide order dated 24.08.2018 directed the Commissioner to produce the original record, which the learned Standing Counsel has produced before the Court.
From bare perusal of the aforesaid disability certificate available with the original record, this Court is of the opinion that there is cutting in the birth year which is changed and even one can see from naked eye and assess that the age of the claimant, whose photograph is pasted on the said certificate cannot be below 45 years as claimed.
In view of the aforesaid, the matter is remanded and the Tribunal is directed to decide the issue firstly with respect of the age of the claimant, after considering the observations made hereinabove and after considering the documents referred.
The appeal is, accordingly, disposed of.
The statutory deposit of Rs. 25,000/- made by the appellant insurance company before the Registry of this Court be remitted to the concerned Tribunal within a period of two weeks.
Order Date :- 12.9.2018 sweta