Gauhati High Court
Page No.# 1/4 vs Gopal Chandra Dutta And 2 Ors on 24 August, 2021
Page No.# 1/4
GAHC010070442021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1246/2021
THE ORIENTAL INSURANCE CO. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956. REP. BY ITS REGIONAL MANAGER
ULUBARI
GUWAHATI-7.
VERSUS
GOPAL CHANDRA DUTTA AND 2 ORS.
S/O- LATE MANIK CH. DUTTA
REP. BY - SMT. ARCHANA BARUAH DUTTA
R/O- BONDA AMGAON
P.S. CHANDRAPUR
GUWAHATI-26
DIST.- KAMRUP
ASSAM
2:MD. SAMIM AHMED
S/O- MD. SAHIB JAAN
R/O- C/O- ANSAR TYRE
BG TINIALI
NARENGI ROAD
WARD NO. 49
H/NO. 17
GHY-20
P.S. NOONMATI
DIST.- KAMRUP(M)
ASSAM.
3:NIDHAN BISWAS
S/O- SRI GOPAL BISWAS
R/O- KUTHABARI
P.O. BAGDOBA
P.S. DHUPDHARA
Page No.# 2/4
DIST.- GOALPARA
ASSAM
------------
Advocate for : MR. S K GOSWAMI
Advocate for : appearing for GOPAL CHANDRA DUTTA AND 2 ORS.
Linked Case : MACApp./168/2021
THE ORIENTAL INSURANCE CO. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REP. BY ITS
REGIONAL MANAGER, ULUBARI, GUWAHATI-7.
VERSUS
GOPAL CHANDRA DUTTA AND 2 ORS.
S/O- LATE MANIK CH. DUTTA, REP. BY - SMT. ARCHANA BARUAH DUTTA,
R/O- BONDA AMGAON, P.S. CHANDRAPUR, GUWAHATI-26, DIST.-
KAMRUP, ASSAM
2:MD. SAMIM AHMED
S/O- MD. SAHIB JAAN
R/O- C/O- ANSAR TYRE
BG TINIALI
NARENGI ROAD
WARD NO. 49
H/NO. 17
GHY-20
P.S. NOONMATI
DIST.- KAMRUP(M)
ASSAM.
3:NIDHAN BISWAS
S/O- SRI GOPAL BISWAS
R/O- KUTHABARI
P.O. BAGDOBA
P.S. DHUPDHARA
DIST.- GOALPARA
ASSA
Advocate for the Petitioner : MR. S K GOSWAMI
Advocate for the Respondent :
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 24.08.2021
The Court proceedings have been conducted through online court
proceeding services.
Heard Mr. S.K. Goswami, learned counsel for the applicant-appellant.
This application has been filed seeking suspension of the operation of the
judgment and award dated 16.12.2020 passed by the learned Member, Motor
Accident Claims Tribunal No. 1, Kamrup (M), Guwahati ('the Tribunal', for short)
in MAC Case no. 936/2014. By the said judgment and award, the learned
Tribunal has awarded an amount of Rs. 14,39,300/- as compensation along with
interest @ 7.5% p.a. from the date of filing the evidence of the claimant till
payment. The connected appeal, MACApp Case no. 168/2021 has been
preferred against the said judgment and award dated 16.12.2020 and the same
has already been admitted for hearing.
Mr. Goswami has submitted that the claimant has sought compensation in
respect of injuries sustained in the motor vehicle accident which ultimately
resulted in amputation of the claimant's left leg below the knee by operation.
While assessing the compensation, the learned Tribunal despite holding that the
income of the claimant was not proved, had taken as Rs. 8,000/- as his monthly
income. Further the extent of permanent disability ought to have taken at 50%
by taking resort to Schedule-I to the Employees' Compensation Act, 1923. He
has further submitted that there ought not have been two heads - (a) pain and
suffering, and (b) loss of amenities of life. Submitting as such, he has
challenged the quantum of compensation.
Page No.# 4/4
Upon consideration of the projections made on behalf of the applicant-
appellant, it is provided that the operation of the impugned judgment and
award dated 16.12.2020 passed in MAC Case no. 936/2014 shall remain stayed,
subject to deposit of 50% of the awarded amount by the applicant-appellant
before the Registry within a period of 6 (six) weeks from today.
It is further provided that upon such deposit of 50% of the awarded amount,
the claimant-respondent no. 1 is permitted to withdraw the said amount upon
his due identification by their learned engaged counsel.
The interlocutory application stands disposed of in the aforesaid terms.
JUDGE
Comparing Assistant
