National Insurance Company Ltd vs Someswar Lohar And 3 Ors
2021 Latest Caselaw 1279 Gua

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GAHC010054302021




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

                         Case No. : MACApp./107/2021

         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
         STREET, KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD,
         BHANGAGARH, GUWAHATI



         VERSUS

         SOMESWAR LOHAR AND 3 ORS.
         S/O LATE CHANDIRAM LOHAR, R/O VILLAGE- DAYAPUR PART I, PO AND
         PS UDHARBOND, DIST. CACHAR, ASSAM, PIN-788030

         2:KALABARI LOHAR
         W/O SOMESWAR LOHAR
          R/O VILLAGE- DAYAPUR PART I
          PO AND PS UDHARBOND
          DIST. CACHAR
         ASSAM
          PIN-788030

         3:DISHA LOHAR
          D/O LATE SANJIB LOHAR
          R/O VILLAGE- DAYAPUR PART I
          PO AND PS UDHARBOND
          DIST. CACHAR
         ASSAM
          PIN-788030

         4:KINGSHUK BHATTACHARJEE
          S/O LATE KARUNAMOY BHATTACHARJEE
          R/O VILLAGE DOYAPUR PART-I
          PO AND PS UDHARBOND DIST. CACHAR
         ASSAM
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              PIN-788030

              (OWNER-CUM-RIDER OF THE VEHICLE NO. AS-11-F-7428 (MOTOR CYCLE)

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

31-03-2021 Heard Shri R. Goswami, learned counsel for the appellant who has preferred this appeal under Section 173 of the Motor Vehicles Act, being aggrieved by a judgment and award dated 21.12.2020 passed by the learned MACT, Cachar in MAC Case No. 408/2017 by the impugned award, an amount of Rs.74,71,407/- has been awarded to the claimant who are the parents of the deceased.

Shri Goswami, learned counsel submits that the monthly income of the deceased appears to have been assessed on a report of the Circle Officer who is not competent to make such assessment.

Admit.

Call for the records.

Appellant to take steps for service of notice upon the respondents by registered post with A/D as well as by usual process.

Steps within 2 (two) days.

JUDGE

Comparing Assistant