United India Insurance Co. Ltd vs Smti Bibha Goswami Choudhury And 2 ...
2022 Latest Caselaw 4529 Gua

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GAHC010051002017




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

                                Case No. : MACApp./581/2017

            UNITED INDIA INSURANCE CO. LTD
            HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI 800014
            AND REGIONAL OFFICE AT GUWAHATI 5 REPRESENTED BY THE
            REGIONAL MANAGER



            VERSUS

            SMTI BIBHA GOSWAMI CHOUDHURY and 2 ORS
            W/O SRI BINAY CH. CHOUDHURY, VILL. RAIPUR, P.S. PATACHARKUCHI,
            DIST. BARPETA, ASSAM, PIN 781326

            2:BINAY CH. CHOUDHURY

             S/O SRI SATYA NATH CHOUDHURY
             VILL. RAIPUR
             P.S. PATACHARKUCHI
             DIST. BARPETA
             ASSAM
             PIN 781326

            3:RITUMONI DAS

             S/O SRI JAGADISH DAS
             VILL. BAMUNDI
             P.S. SUALKUCHI
             DIST. KAMRUP
             ASSAM
             PIN 781103 OWNER OF VEHICLE NO. AS-25/A-194

Advocate for the Petitioner   : MS. M CHOUDHURY

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

                                        ORDER

16.11.2022 Heard Ms. M. Choudhury, learned counsel for the appellant- United India Insurance Company Limited, who has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 09.06.2017 passed by the learned Additional District Judge No. 3, Kamrup (M) acting as the MACT in MAC Case No. 1150/2011. By the impugned judgment and award, an amount of Rs.7,59,000/- (Rupees Seven Lakh and Fifty Nine Thousand) has been awarded to the claimant in a death case. The learned counsel has submitted that deceased being a girl of 19 years, the rate of future prospect has been erroneously taken as 50% which should be 40%.

Ground on the aspect of monthly income of the deceased have also been taken.

Admit.

Call for the records.

Steps for service of notice upon the respondents be taken by registered post with A/D. Steps within two days.

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

JUDGE

Comparing Assistant