Safiqul Islam vs National Insurance Co. Ltd. And 2 ...
2021 Latest Caselaw 1237 Gua

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GAHC010052442021




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

                                Case No. : MACApp./76/2021

            SAFIQUL ISLAM
            S/O TAHAJUDDIN ALI, R/O VILLAGE HASILAPARA, PO AND PS GOALPARA,
            DIST. GOALPARA, ASSAM-783101

            VERSUS

            NATIONAL INSURANCE CO. LTD. AND 2 ORS.
            REP. BY ITS BRANCH MANAGER, GOALPARA BRANCH, GOALPARA, PO
            GOALPARA, PS GOALPARA, DIST. GOALPARA, ASSAM-783101

            (INSURER OF THE VEHICLE NO. AS-18/B-4258) (MOTORCYCLE)

            2:AZAHAR SAIFUL HODA
             S/O MONOWAR HUSSAIN
             R/O VILLAGE HASILAPARA
             PO AND PS GOALPARA
             DIST. GOALPARA
            ASSAM-783101

            (OWNER OF THE VEHICLE NO. AS-18/B-4258) (MOTORCYCLE)

            3:ABDUL BATEN
             S/O ABDUL KHALEQUE
             R/O VILLAGE- HASILAPARA
             PO GOALPARA
             PS GOALPARA
             DIST. GOALPARA
            ASSAM-783101

            (DRIVER OF THE VEHICLE NO. AS-18/B-4258) (MOTORCYCLE

Advocate for the Petitioner   : MR. DITUL DAS

Advocate for the Respondent :
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                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                           ORDER

30-03-2021 Heard Shri D. Das, learned counsel for the appellant (Claimant) who has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 being aggrieved by the adequacy of the award passed in Judgment and Order dated 09.01.2020 by the learned MACT, Goalpara in MAC Case No. 219 / 2015.

The learned counsel submits that the Claimant who was the injured was a professional driver and in the accident, he had suffered severe injuries on his left hand causing disability. However, this aspect of this matter has been wholly overlooked and the expenses incurred have also not been properly considered resulting in grant of an amount of Rs.74,200/- (Rupees Seventy Four Thousand Two Hundred) only whereas the claim was more than Rs. 42 lakhs.

Admit.

Call for the records.

The appellant (Claimant) shall take steps for service of notice upon the respondents by registered post with A/D as well as by usual process within 3(three) days from today.

List this case after 4(four) weeks along with service report.

JUDGE

Comparing Assistant