The Oriental Insurance Co. Ltd vs Bornali Bonia And 2 Ors
2022 Latest Caselaw 4567 Gua

                                                            Page No.# 1/3

GAHC010231612022




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

                          Case No. : MACApp./797/2022

         THE ORIENTAL INSURANCE CO. LTD.
         A COMPANY REGISTERED UNDER THE COMPANIES ACT, REPRESENTED
         BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI- 7,
         DIST.- KAMRUP, ASSAM.



         VERSUS

         BORNALI BONIA AND 2 ORS.
         D/O LATE THANESWAR BONIA,
         VILL.- MAZGAON BARUAH CHUBURI,
         P.O.- TEZPUR,
         P.S.- TEZPUR,
         DIST.- SONITPUR, ASSAM, PIN-

         2:PRAKASH SINGH
          S/O AMARJIT SINGH

         C/O JUGAL DAS

         R/O HOUSE NO. 21
         R.G. BARUAH ROAD

         P.O.- FATASIL AMBARI

         DIST.- KAMRUP (M)
         ASSAM
         PIN-

         3:RAM KRISHNA ROY
          S/O PUNIT LAL ROY

         R/O GANESHGURI
                                                                        Page No.# 2/3


            P.S.- DISPUR

            DIST.- KAMRUP (M)
            ASSAM
            PIN

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent :




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                         ORDER

Date : 18.11.2022

Heard Mr. R. Sarma, learned counsel for the appellant.

This appeal under Section 173 of the Motor Vehicles Act, 1988 is against the judgment and award dated 22.08.2022 passed by the learned Member, MACT, Sonitpur, Tezpur in MAC Case No. 51/2019.

It is noted that the learned Tribunal had assessed the income of the deceased at Rs.5,000/- on failure of the claimants to prove the income. Therefore, taking note of the recent trend of judgment passed by the Supreme Court of India, the Court is inclined to issue notice upon the appellant as to why the award passed by the learned Tribunal should not be enhanced.

This appeal is admitted for hearing.

Call for the records.

Issue notice returnable on 09.12.2022.

The appellant shall take steps within 2 days for service of notice on respondents by registered post with A/D as well as by usual process.

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Liberty is granted to the learned counsel for the appellant to collect the postal receipt number from the Registry and track service through the postal website and the postal track report may be filed before the Registry prior to the next date fixed.

List on 09.12.2022.

JUDGE

Comparing Assistant