Page No.# 1/2 vs United India Insurance Co. Ltd
2023 Latest Caselaw 2860 Gua

                                                                       Page No.# 1/2

GAHC010005542020




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

                          Case No. : MACApp./264/2023

         SRI RAJU URANG AND ANR
         S/O LATE PRADIP URANG (FATHER) AND LATE PARVATI URANG
         (MOTHER), VILL.- GOSHANIBOR, P.O.- SILIJURI, P.S.- BOKAKHAT, SIST.-
         GOLAGHAT, ASSAM, PIN- 785609.

         2: ON THE DEATH OF RAJIB URANG (DIED ON 28.09.2020.) HIS LEGAL
         HEIRS
          S/O LATE PRADIP URANG (FATHER)

         2.1: SMTI MONALISHA URANG
         AGED ABOUT 23 YEARS
         W/O-LATE RAJIB URANG

         2.2: SRI ANKUSH URANG

          AGED ABOUT 4 YEARS

         S/O-LATE RAJIB URANG

         BOTH ARE RESIDENTS OF VILLAGE- GOSHANIBOR

         P/O-SILIJURI
          P.S BOKAKHAT
          DIST. GOLAGHAT
          ASSAM
          PIN 785609.
         (AS THE PETITIONER NO 2 IS A MINOR THEREFORE HE IS REPRESENTED
         BY THE PETITIONER NO 1 AS NATURAL GUARDIAN)

         VERSUS

         UNITED INDIA INSURANCE CO. LTD
         REP. BY ITS BRANCH MANAGER, PANDU BRANCH, MAIN RODA,
         ADABARI, GUWAHATI, DIST.- KAMRUP (METRO), PIN- 781014.
                                                                        Page No.# 2/2




Advocate for the Petitioner   : MR N C KALITA

Advocate for the Respondent :

                                    BEFORE
                      HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                         ORDER

03.08.2023 Heard Mr. S.I. Akand, learned counsel for the appellant, who has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 03.10.2019 passed by the learned Member, MAC No.2, Kamrup (M), Guwahati in MAC Case no.2536/2016 for enhancement and modification of the compensation award. The learned counsel for the appellant submits that the judgment and award passed by the learned Member, MAC No.2, Kamrup (M), Guwahati in MAC Case no.2536/2016 is liable to be enhanced, since the loss of consortium of the defendant and future prospect of the deceased was not considered while making the award.

Admit the appeal.

Issue Notice upon the respondents through registered post with AD within 3 (three) days, returnable by 3 (three) weeks.

In the meantime, LCR is to be called for.

List the matter after 3 (three) weeks.

JUDGE

Comparing Assistant