Asrob @ Ashrag Ali vs Rahmatullah And 2 Ors
2021 Latest Caselaw 1931 Gua

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GAHC010065982021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : MACApp./165/2021

            ASROB @ ASHRAG ALI
            S/O- LATE CHAFARUDDIN, R/O- KALIABHOMURA, P.S. TEZPUR, DIST.-
            SONITPUR, ASSAM



            VERSUS

            RAHMATULLAH AND 2 ORS.
            S/O- ABDUL BAREK, R/O- DAKHINGAON SUNDARBAN NAGAR, H/NO. 6,
            HATIGAON, GUWAHATI, ASSAM. (OWNER OF THE VEHICLE NO. AS-
            01BQ/1243 (TOYOTA INOVA)

            2:MD. KHAIRAU ISLAM
             S/O- MD. MUZIBUR RAHMAN
             R/O- VILL.- BHOJKHOWA
             P.O. BHOJKHOWA
             P.S. TEZPUR
             DIST.- SONITPUR
            ASSAM. (DRIVER OF THE VEHICLE NO. AS-01BQ/1243 (TOYOTA INOVA)

            3:NEW INDIA ASSURANCE COMPANY LIMITED
            TEZPUR BRANCH
             P.O. AND P.S. TEZPUR
             DIST.- SONITPUR
            ASSAM. (INSURER OF THE VEHICLE NO. AS-01BQ/1243 (TOYOTA INOVA

Advocate for the Petitioner   : MR. K BHATTACHARJEE

Advocate for the Respondent :




                                         BEFORE
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                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                     ORDER

Date : 20.08.2021

The Court proceedings have been conducted through online court proceeding services.

Heard Ms. B. Talukdar, learned counsel for the appellant.

This appeal under Section 173, Motor Vehicles Act, 1988 is directed against a judgment and award dated 30.01.2021 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur ('the Tribunal', for short) in MAC Case no. 56/2016(I). By the said judgment and award, the learned Tribunal has awarded an amount of Rs. 76,862/- as compensation along with interest @ 6% p.a. from the date of filing evidence on affidavit of the case i.e. 05.11.2019 till its realization. The appellant who was the claimant, has sought enhancement of the amount of compensation by this appeal on the ground that the extent of physical disability has not been assessed by the learned Tribunal.

The appeal is admitted for hearing.

LCR be called for.

Issue notice, returnable in 4 (four) weeks.

The appellant shall take steps for service of notice on the respondents by usual process as well as by registered post with A/D within 5 (five) days.

List the case after 4 (four) weeks.

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JUDGE

Comparing Assistant