Page No.# 1/3 vs Md Abdul Karim And 2 Ors
2023 Latest Caselaw 544 Gua

                                                                 Page No.# 1/3

GAHC010236292017




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

                           Case No. : MACApp./228/2017

         SMT USHA RANI BAISHYA and 4 ORS
         W/O LATE TARA KANTA BAISHYA

         2: DIBAKAR BAISHYA
          S/O LATE TARA KANTA BAISHYA

         3: KALYAN BAISHYA
          S/O LATE TARA KANTA BAISHYA

         4: APURBA BAISHYA
          S/O LATE TARA KANTA BAISHYA

         5: SMT. ANGITA BAISHYA
          D/O LATE TARA KANTA BAISHYA
         ALL ARE R/O KRISHNA NAGAR
          CHANDMARI
          P.O. and P.S. CHANDMARI
          GUWAHATI-78100

         VERSUS

         MD ABDUL KARIM and 2 ORS
         S/O MD. CHANDU ALI, R/O LAKHTOKIA, P.S. PANBAZAR, GUWAHATI-
         781001

         2:MD. BABUL ALI

          S/O MD. NAYA ALI
          R/O KAHIKUCHI
          BHURAGURI
          DIST. BARPETA
          ASSAM
          PIN 781352
                                                                       Page No.# 2/3

            3:NATIONAL INSURANCE CO. LTD.

             CHRISTAN BASTI BRANCH
             GUWAHATI-78100

Advocate for the Petitioner   : MR.T H HAZARIKA

Advocate for the Respondent : MR. B CHOWDHURY




                                  BEFORE
                 HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

                                        ORDER

Date :15.02.2023

Heard Mr. M. Chetia, learned counsel appearing for the appellants and also heard Ms. C. Mozumdar, learned counsel appearing on behalf of the respondent No.3.

This is an appeal directed against the judgment and award dated 13.11.2015 passed in MAC Case No. 915 of 2014 by the Additional District Judge No.2 , Kamrup wherein the appellants were awarded a sum of Rs. 2,95,000/- under different heads as compensation for the death of her husband(for the appellant No. 1), their father (for the appellant Nos. 2, 3, 4 and

5) in a motor accident, with a limited prayer for enhancement of the award amount.

It is submitted by Mr. M. Chetia, that all the appellants were depending on the deceased who was a pensioner, therefore, when he died, they have been left without any substantial income and that has let them to live with abject poverty. As such, the respondent No. 3, who was held responsible for paying the compensation may be directed to add at least some amount to the Page No.# 3/3

compensation already paid.

Ms. C. Mazumdar, learned counsel for the respondent No. 3 submitted that strictly speaking, the appellant have been given adequate compensation as per the law. Therefore, there is no scope of enhancement of the amount awarded, however, if this Court feels that considering the economic status of the appellants, some amount should be added, appropriate direction may be given, but the amount added may not be above Rs. 35,000/-

The learned counsel for the appellants submits that he will be happy enough if the award amount is enhanced by at least Rs. 35,000/-

Taking in view the economic condition of the appellants and the fact that they have been deprived of their only bread earner, and also taking into account that insurance policies are evolved to meet the objectives of being a welfare state, I am of the view that the award amount can be enhanced by at least a few thousands. Therefore, in addition to the award amount already paid, the respondent No. 3 is directed to pay an additional sum of Rs. 35,000/- to the appellants within a month from the date of receipt of a copy of this order.

The appeal is disposed of in terms of the direction given above.

JUDGE

Comparing Assistant