SANDHYA RANI DUTTA GUHA Vs. TARA DEVI JAIN

JUDGEMENT

(1.) Heard Mr. A. Biswas, learned counsel appearing for the appellant as well as Mr. A. Dutta, learned counsel appearing for the respondent/Insurance Company.

(2.) This appeal is directed against the judgment and order dtd. 10/10/2013 passed by the learned member, MACT, Sonitpur, Tezpur in MAC Case No. 280/2010 filed by the claimant/appellant challenging the award of compensation with a prayer to consider the pensionery benefit received by the deceased at the relevant time of accident.

(3.) The factum of accident has not been disputed in this case. It is pertinent to mention here that during pendency of the appeal, the appellant has filed an interlocutory application under Order XLI Rule 27 of the CPC for production of additional documents like Bank documents showing pension/Bank passbook of the deceased etc. and the Insurance Company also agreed with the view that the deceased was a retired school teacher and he drew pension of Rs.5,895.00 at the time of his death.