Gauhati High Court
Aimona Khatun @ Aimela Khatun vs The United India Insurance Co. Ltd ... on 29 October, 2021
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GAHC010098932018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./404/2018
AIMONA KHATUN @ AIMELA KHATUN
W/O LATE TABIBAR RAHMAN
VILL. ROUMARI ,P.O. MAJGAON, P.S. HOWLY ,DIST. BARPETA ,ASSAM PIN.
781313
VERSUS
THE UNITED INDIA INSURANCE CO. LTD AND 2 ORS
REPREESENTED BY THE REGIONAL MANAGER G.S. ROAD
,BHANGAGARH , DIST. KAMREP (M),ASSAM ,PIN 781005 .
Advocate for the Petitioner : MR. S AHMED
Advocate for the Respondent : MR. R C PAUL (R1)
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 29-10-2021
Heard Mr. S. Ahmed, learned counsel for the appellant and Mr. R. C.
Paul, learned counsel for the respondent No.1/Insurance Company.
This is an appeal filed under Section 173 of the Motor Vehicle Act,
1988 for enhancement of the compensation amount passed by the learned
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Member, MACT No.1, Kamrup, Guwahati in MAC Case No.706/2012, vide
judgment dated 16.02.2018, whereby an amount of Rs.78,000/-(Rupees
Seventy Eight Thousand only) have been awarded to be paid to the
appellant/claimant. While awarding an amount of Rs.78,000/-(Rupees
Seventy Eight Thousand only) as compensation receivable by the
appellant/claimant, the learned Tribunal had specified the amount under
the following heads:
Medical expenses : Rs.37,000.00
Pain and suffering : Rs.10,000.00
Loss of amenities of life : Rs.10,000.00
Loss of income : Rs.6,000.00
Incidental expenditures towards
hospitalisation, transportation, Spl,
food, nursing etc : Rs.15,000.00
Total : Rs.78,000.00
Mr. Paul, learned counsel for the respondent No.1/Insurance
Company, on instruction submits that under the heading Pain and
suffering, in addition to the awarded compensation amount Rs.10,000/-,
another Rs.15,000/-, may be awarded; under the heading Loss of
amenities of life, in addition to Rs.10,000/-, another Rs.15,000/-may be
awarded; and under the heading Incidental expenditure where
Rs.15,000/- was awarded, another Rs.5,000/- may be awarded, thus,
enhancing an amount of Rs.35,000/-(Rupees Thirty Five Thousand only) in
addition to the original awarded amount of Rs.78,000/-.
Accordingly, in addition to the original awarded amount of
Rs.78,000/-, which is stated to have been already deposited with the
concerned Tribunal along with interest, as directed in the judgment and
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award dated 16.02.2018, the respondent No.1/Insurance Company shall
now deposit another Rs.35,000/-, as indicated hereinabove, before the
learned Member, MACT No.1, Kamrup, Guwahati, within a period of 6(six)
weeks from today.
The judgment and award dated 16.02.2018, passed by the learned
Member, MACT No.1, Kamrup, Guwahati, in MAC Case No.706/2012 shall
stand modified to the extent indicated above.
The Appeal stands disposed of, in terms above.
JUDGE
Comparing Assistant
