Bajaj Allianz General Insurance ... vs Mamani Deka And 4 Ors
2022 Latest Caselaw 4328 Gua

                                                                Page No.# 1/3

GAHC010224032022




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

                        Case No. : MACApp./771/2022

         BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT GE PLAZA.
         AIRPORT ROAD, YERAWADA, PUNE 411006 AND ITS LOCAL OFFICE AT
         SREEJI TOWER, 3RD FLOOR, ADJACENT TO MAHINDRA SHOW ROADD,
         CHRISTIAN BASTI, GUWAHATI 781005


         VERSUS

         MAMANI DEKA AND 4 ORS.
         W/O LATE JAGAT CHANDRA DEKA,
         RESIDENT OF VILLAGE NOWPOTA, PO CHENGELIA JHAR, PS SIPAJHAR,
         DIST DARRANG, ASSAM, 784145

         2:MISS JUBLEE DEKA
          D/O LATE JAGAT CHANDRA DEKA
         RESIDENT OF VILLAGE NOWPOTA
          PO CHENGELIA JHAR
          PS SIPAJHAR
          DIST DARRANG
         ASSAM
          784145
         REPRESENTED BY RES. NO. 1

         3:SMTI TILESWARI DEKA
         W/O LATE NIDHIRAM DEKA
         RESIDENT OF VILLAGE NOWPOTA
          PO CHENGELIA JHAR
          PS SIPAJHAR
          DIST DARRANG
         ASSAM
          784145
         REPRESENTED BY RES. NO. 1
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            4:SRI RATNESWAR NATH
             S/O SRI BANESWAR NATH
            RESIDENT OF WARD NO. 1
             DHEKIAJULI
             PS DHEKIAJULI
             DIST SONITPUR
            ASSAM. 784110

            5:SRI MANTU KR. NATH
             S/O SRI BANESWAR NATH
            RESIDENT OFWARD NO. 1 DHEKIAJULI
             PS DHEKIAJULI
             DIST SONITPUR
            ASSAM 78411

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :




                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                        ORDER

Date : 07-11-2022

Heard Mr. R Goswami, learned counsel for the appellant. This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 22.09.2022 passed by the learned Member, MACT, Bajali in MAC Case No. 10/2021 filed under Section 166 of the MV Act, 1988.

The learned counsel for the appellant has submitted that the appeal is primarily on the ground that the deceased was a Government servant and therefore, the amount received by the dependents of the deceased Government servant is required to be considered towards financial assistance equivalent to the loss of pay and wages of the deceased employee for the period specified.

The appeal is admitted for hearing.

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Call for the records.

Issue notice returnable by 09.12.2022 upon the respondents.

The appellant shall take steps within two days for service of notice on the respondents by registered post with A/D as well as by usual process.

List on 9th December, 2022.

JUDGE

Comparing Assistant