National Insurance Co. Ltd vs Smti. Lalthuanmawii And 6 Ors
2021 Latest Caselaw 2135 Gua

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GAHC010132142021




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

                          Case No. : MACApp./184/2021

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

         VERSUS

         SMTI. LALTHUANMAWII AND 6 ORS.
         W/O- LATE THNGRIKHUMA HMAR, R/O- VILL.- SHAIPUNG, P.O.
         SHAIPUNG, P.S. VAIRENGTE, DIST.- KOLASIB, MIZORAM, PIN- 796081.

         2:ROSANGLIANA
          S/O- LATE THNGRIKHUMA HMAR
          R/O- VILL.- SHAIPUNG
          P.O. SHAIPUNG
          P.S. VAIRENGTE
          DIST.- KOLASIB
          MIZORAM
          PIN- 796081.

         3:LALREMRUATA
          S/O- LATE THNGRIKHUMA HMAR
          R/O- VILL.- SHAIPUNG
          P.O. SHAIPUNG
          P.S. VAIRENGTE
          DIST.- KOLASIB
          MIZORAM
          PIN- 796081.

         4:LALHLINPUIA
          S/O- LATE THNGRIKHUMA HMAR
          R/O- VILL.- SHAIPUNG
          P.O. SHAIPUNG
          P.S. VAIRENGTE
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             DIST.- KOLASIB
             MIZORAM
             PIN- 796081.

            5:SMTI. LALREMSANGI
             D/O- LATE THNGRIKHUMA HMAR
             R/O- VILL.- SHAIPUNG
             P.O. SHAIPUNG
             P.S. VAIRENGTE
             DIST.- KOLASIB
             MIZORAM
             PIN- 796081.

            6:C. RUALHMINGLIANA
             S/O- LATE SANGZUALA
             R/O- SAIPHAI
             P.O. BILKHEWTHIR
             DIST.- KOLASIB
             MIZORAM
             PIN- 796091.

            7:LALBIAKMIA PACHUA
             S/O- V. L. ROUTE PACHUA
             R/O- BILKHEWTHIR
             P.S. VARIGENGTHE
             DIST.- KOLASIB
             MIZORAM
             PIN- 796101

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

Date : 09.09.2021

This is a statutory appeal filed by the Insurance Company, being aggrieved by the Judgment dated 17.05.2021 passed in MAC Case No. 127/2013 by the learned Member, Motor Accident Claims Tribunal, Cachar.

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Mr. R. Goswami, learned counsel for the appellant submits that the evidence relating to the age of the claimant was not led before the Tribunal by the claimant even though the deceased was stated to be the teacher in the Government School.

The learned counsel for the appellant submits that the Tribunal relied on the age projected in the post-mortem report and applied the multiplier and accordingly arrived at the compensation. The learned counsel for the appellant submits that the same is the contrary to the provisions of law and, therefore, the present appeal has been preferred.

Heard the learned counsel for the appellant and also perused the grounds of appeal. The statutory deposit by the company has been made before the Registry.

Let the appeal be admitted.

The records of MAC Case No. 127/2013 be called for from the learned Member, MACT, Cachar, Silchar.

The appellant will take steps within 7(seven) days from today by registered post with A/D as well as by usual process.

List this matter after service of notice.

JUDGE

Comparing Assistant