New India Assurance Co. Ltd vs Must. Rahena Begum And 7 Ors
2022 Latest Caselaw 3673 Gua

                                                                 Page No.# 1/3

GAHC010124802022




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

                        Case No. : MACApp./357/2022

         NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING,87,
         MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL
         OFFICES AT GS ROAD, BHANGAGARH, GUWAHATI 05, ASSAM



         VERSUS

         MUST. RAHENA BEGUM AND 7 ORS.
         W/O LATE KHALIL AHMED
         RESIDENT OF TIKARPARA, PO SRIGOURI, PS BADARPUR, DIST
         KARIMGANJ, ASSAM 788806

         2:MR. IKBAL AHMED TALUKDAR
          S/O LATE KHALIL AHMED
         RESIDENT OF TIKARPARA
          PO SRIGOURI
          PS BADARPUR
          DIST KARIMGANJ
         ASSAM
          788806

         3:MUSTT. AYESHA SABNAM
          D/O LATE KHALIL ALI
         RESIDENT OF TIKARPARA
          PO SRIGOURI
          PS BADARPUR
          DIST KARIMGANJ
         ASSAM
          788806

         4:MUSSTT. RUBIYA AFRUZ
          D/O LATE KHALIL ALI
                                                           Page No.# 2/3

            RESIDENT OF TIKARPARA
            PO SRIGOURI
            PS BADARPUR
            DIST KARIMGANJ
            ASSAM
            788806

            5:MD. KABIR AHMED TALUKDAR
             S/O LATE KHALIL AHMED
            RESIDENT OF TIKARPARA
             PO SRIGOURI
             PS BADARPUR
             DIST KARIMGANJ
            ASSAM
             788806

            6:MUSST. FOIJUN NESSA KHANAM
             RESIDENT OF TIKARPARA
             PO SRIGOURI
             PS BADARPUR
             DIST KARIMGANJ
            ASSAM
             788806

            7:DINOBANDHU HAJONG
             S/O SOPENDRA HAJONG
            VILLAGE DERAPATHAR PART II
            PO DERAPATHAR
             PS KAKI
             DIST NAGAON
            ASSAM 782446

            8:DEVAJYOTI BHUYAN
             S/O LATE NAGEN CHANDRA BHUYAN
            PERMANENT RESIDENT OF GYAN ASHRAM APARTMENT
             HAPPY VILLA
             UJAN BAZAR
             FLAT NSF
             GUWAHATI PO GUWAHATI
            L DIST KAMRUP
            ASSA

Advocate for the Petitioner   : MR. K K BHATTA

Advocate for the Respondent :
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                                    BEFORE
                      HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                     ORDER

20-09-2022

Heard Mr. K.K. Bhatta, learned counsel for the appellant.

This appeal, under Section 173 of the Motor Vehicles Act, 1988, is preferred against the judgment and award dated 21-03-2022, passed by the learned Member, Motor Accidents Claims Tribunal, Hailakandi, in MAC Case No. 156 of 2017.

The main ground for appeal is that the learned Tribunal has failed to take

notice of the Gazette Notification of the State Government dated 14 th September, 2017, wherein there is already a scheme for Compassionate Family Pension in lieu of Compassionate Appointment, therefore, the claimants are not entitled to the amount awarded by the learned Tribunal.

The appeal is admitted.

Issue notice to the respondents through registered post with A/D Card as well as by usual process, within a week from today. The appellant to take necessary steps.

List the matter after the ensuing Puja vacation.

In the meanwhile LCR is to be called for.

JUDGE

Comparing Assistant