National Insurance Company Ltd vs Sabita Saikia @ Borah And 4 Ors
2023 Latest Caselaw 584 Gua

                                                        Page No.# 1/5

GAHC010003272023




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

                     Case No. : MACApp./26/2023

         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3,
         MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT
         BHANGAGARH, GS ROAD, GUWAHATI 781005, REPRESENED BY
         THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE



         VERSUS

         SABITA SAIKIA @ BORAH AND 4 ORS
         W/O LATE APURBA SAIKIA,
         RESIDENT OF VILLAGE JUMARMUR AHOMGAON, PS KAMPUR,
         DIST NAGAON, ASSAM, 782426
         PRESENT RESIDENTS OF CARE OF MONOWARA KHATUN,
         RESIDENT OF KATAHBARI, PS GARCHUK, DIST KAMRUP M
         ASSAM 781035

         2:JYOTIRMOY SAIKIA
          S/O LATE APURBA SAIKIA

         RESIDENT OF VILLAGE JUMARMUR AHOMGAON
         PS KAMPUR
         DIST NAGAON
         ASSAM
         782426
         PRESENT RESIDENTS OF CARE OF MONOWARA KHATUN
         RESIDENT OF KATAHBARI
         PS GARCHUK
         DIST KAMRUP M ASSAM 781035
         TO BE REP. BY. RES. NO. 1

         3:DUBORI SAIKIA @ ANANYA SAIKIA
                                                             Page No.# 2/5

             D/O LATE APURBA SAIKIA

            RESIDENT OF VILLAGE JUMARMUR AHOMGAON
            PS KAMPUR
            DIST NAGAON
            ASSAM
            782426
            PRESENT RESIDENTS OF CARE OF MONOWARA KHATUN
            RESIDENT OF KATAHBARI
            PS GARCHUK
            DIST KAMRUP M ASSAM 781035
            TO BE REP. BY. RES. NO. 1

            4:GYAS UDDIN
             S/O LATE AHMED ALI

            RESIDENT OF NARAMARI
            PO SHILLONGONI
            PS NAGAON SADAR
            DIST NAGAON
            ASSAM 782002

            5:RAMJAN ALI

             S/O KUDDUS ALI
             RESIDENT OF MADHUPUR
             PO CHOTAHAIBOR
             PS NAGAON
             DIST NAGAON
             ASSAM 78200

Advocate for the Petitioner   : MR T KALITA

Advocate for the Respondent : MR. A R AGARWALA




             Linked Case : I.A.(Civil)/206/2023

            NATIONAL INSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
            MIDDLETON STREET
            KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH
            GS ROAD
            GUWAHATI 781005
                                                Page No.# 3/5

REPRESENED BY THE CHIEF REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE


VERSUS

SABITA SAIKIA @ BORAH AND 4 ORS
W/O LATE APURBA SAIKIA
RESIDENT OF VILLAGE JUMARMUR AHOMGAON
PS KAMPUR
DIST NAGAON
ASSAM
782426 PRESENT RESIDENTS OF CARE OF MONOWARA KHATUN
RESIDENT OF KATAHBARI
PS GARCHUK
DIST KAMRUP M ASSAM 781035

2:JYOTIRMOY SAIKIA
S/O LATE APURBA SAIKIA

RESIDENT OF VILLAGE JUMARMUR AHOMGAON
PS KAMPUR
DIST NAGAON
ASSAM
782426
PRESENT RESIDENTS OF CARE OF MONOWARA KHATUN
RESIDENT OF KATAHBARI
PS GARCHUK
DIST KAMRUP M ASSAM 781035
TO BE REP. BY. RES. NO. 1
3:DUBORI SAIKIA @ ANANYA SAIKIA
D/O LATE APURBA SAIKIA

RESIDENT OF VILLAGE JUMARMUR AHOMGAON
PS KAMPUR
DIST NAGAON
ASSAM
782426
PRESENT RESIDENTS OF CARE OF MONOWARA KHATUN
RESIDENT OF KATAHBARI
PS GARCHUK
DIST KAMRUP M ASSAM 781035
TO BE REP. BY. RES. NO. 1
4:GYAS UDDIN
S/O LATE AHMED ALI

RESIDENT OF NARAMARI
PO SHILLONGONI
                                                                  Page No.# 4/5

           PS NAGAON SADAR
           DIST NAGAON
           ASSAM 782002
           5:RAMJAN ALI

           S/O KUDDUS ALI
           RESIDENT OF MADHUPUR
           PO CHOTAHAIBOR
           PS NAGAON
           DIST NAGAON
           ASSAM 782003
           ------------
           Advocate for : MR T KALITA
           Advocate for : MR. A R AGARWALA appearing for SABITA SAIKIA @
           BORAH AND 4 ORS



                           BEFORE
          HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

                                  ORDER

Date : 17.02.2023

Heard Mr. T. Kalita, learned counsel appearing for the appellant and also heard Mr. A.R. Agarwala, learned counsel appearing for respondent nos. 1 to 3.

The appellant is here challenging the judgment and award dated 28.10.2022 passed in MAC Case no. 2692/2018 by the Motor Accident Claims Tribunal no. 2, Kamrup (M), on the ground that the appellant has already been compensated by the State of Assam as per the 'Scheme for Compassionate Family Pension in lieu of Compassionate Appointment' notified in the Notification dated 14.09.2017, therefore, there was no loss of income, and on the ground that the quantum of the compensation award is excessive.

Mr. Agarwala, learned counsel who appears on behalf of the Page No.# 5/5

respondent submits that the appeal may be admitted subject to the deposit of half of the compensation amount.

Taking into account the facts and circumstances of the case and the grounds of appeal urged by the appellant, the appeal is admitted but subject to depositing half the award amount.

List the matter again after three weeks.

Let extra copies of the appeal be handed over to Mr. Agarwala during the course of the day.

Caveat no. 0039/023 is discharged.

JUDGE

Comparing Assistant