NEW INDIA ASSURANCE CO. LTD Vs. ZAKIR ALI

JUDGEMENT

(1.) Heard Mr. J. Singh, learned senior counsel assisted by Ms. B.M. Chhetri, learned counsel appearing for the appellant as well as Mr. D.K. Saikia, learned counsel appearing for the respondent No. 1. This is an appeal filed under Section 30 of the Workmen's Compensation Act, 1923, now Employees' Compensation Act, 1923 by the New India Assurance Co. Ltd. against the judgment and award dated 31.05.2005 as passed in W.C. Case No. 244 of 2003 by the Commissioner, Workmen's Compensation, Guwahati.

(2.) At the time of admitting the appeal no substantial question of law was formulated as required under Section 30(1) of the Workmen's Compensation Act, 1923. But from the memorandum of appeal, it appears that the following substantial question of law is involved in this appeal:

(3.) Mr. J. Singh, learned senior counsel submitted that the entire assessment is based on surmise and without any evidence and as such the assessment is perverse and unsustainable in law.