Rashidul Islam vs United India Insurance Company ...
2023 Latest Caselaw 3082 Gua

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GAHC010154532023




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

                                Case No. : MACApp./271/2023

            RASHIDUL ISLAM
            S/O MD. LAJU MIAH,
            RESIDENT OF VILLAGE SALMARA DHUBRI, PS AND DIST DHUBRI, ASSAM



            VERSUS

            UNITED INDIA INSURANCE COMPANY LTD ANR.
            REGISTERED OFFICE ADDRESS
            24 WHITES ROAD, CHENNAI 600014, TAMIL NADU, BRANCH OFFICE
            ADDRESS
            SHIV MANDIR PATH, PO JAGIROAD, MORIGAON, 782410

            2:SRI PANKAJ TAMULI
             S/O PRANAB CHANDRA TAMULI

            RESIDENT OF VILLAGE AMALAPATTI
            PS AND DIST MORIGAON
            ASSA

Advocate for the Petitioner   : MR. A LAL

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                            ORDER

11.08.2023 Heard Shri A. Brahma, learned counsel for the appellant, who has preferred this Page No.# 2/2

appeal under Section 173 of the MACT Act, 1988, being aggrieved by the adequacy of the amount awarded vide the judgment and award dated 08.05.2023 passed by the learned MACT No. 3, Kamrup (M) in MAC Case No. 1928/2018. The learned Tribunal, vide the aforesaid award has granted an amount of Rs.10,06,104/- (Rupees ten lakhs six thousand one hundred an four) along with interest @ 9%.

Shri Brahma, learned counsel has submitted that mainly on two grounds, the assessment of the compensation is on the lower side. It is submitted that while the income of the claimant was Rs.14,000/- (Rupees fourteen thousand), the same has been taken to be Rs.6,500/- (Rupees six thousand and five hundred) and so far as disability by the accident is concerned, 75% of the disability has been ignored and only 40% has been considered.

Admit.

Call for the records.

Let steps for service of notice be taken by registered post with A/D as well as by usual process. Steps within three days.

List this case after 6(six) weeks along with service report and report of LCR.

JUDGE

Comparing Assistant