Page No.# 1/3 vs The United India Insurance Co. ...
2023 Latest Caselaw 945 Gua

                                                                   Page No.# 1/3

GAHC010044432023




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

                           Case No. : MACApp./65/2023

         NOSIMUDDIN PARAMANIK AND 2 ORS.
         S/O LATE JUL HUSSAIN PARAMANIK,
         RESIDENT OF VILLAGE SHILAPANI, PO AND PS LAKHIPUR, DIST
         GOALPARA, ASSAM

         2: SAMINA KHATUN
         W/O HAZARAT ALI PARAMANIK

         RESIDENT OF VILLAGE SHILAPANI
         PO AND PS LAKHIPUR
         DIST GOALPARA
         ASSAM

         3: SAMIM HUSSAIN
          S/O LATE HAZARAT ALI PARAMANIK

         RESIDENT OF VILLAGE SHILAPANI
         PO AND PS LAKHIPUR
         DIST GOALPARA
         ASSA

         VERSUS

         THE UNITED INDIA INSURANCE CO. LTD. AND 2 ORS.
         GS ROAD, CHRISTIAN BASTI, GUWAHATI 781005

         2:NUROL HUSSAIN
          S/O ZAHED ALI

         VILLAGE AND PO JURIGAON
         PS LAKHIPUR
         DIST GOALPARA
         ASSAM
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            3:ABDUR RAHMAN
             S/O ABU LAYES

            VILLAGE KURSHAKATI
            PO LAKHIPUR
            DIST GOALPARA
            ASSA

Advocate for the Petitioner   : MR. A R AGARWALA

Advocate for the Respondent :




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

Date : 10.03.2023 Heard Mr. A. R. Agarwala, learned counsel for the appellants.

This is an appeal filed by the claimant seeking enhancement of the claim awarded by the MACT, Goalpara. The tribunal vide judgment dated 07.01.2023 passed in MAC Case No. 409/2019 awarded an amount of Rs.16,86,088/- as compensation to the claimants with an interest of 7% from the date of filing of the claim petition i.e. 05.11.2019 till payment.

The learned counsel for the appellant submits that the proper evidence in respect of the income of the deceased was not taken into account by the tribunal. Accordingly, a lesser amount has been awarded. Being aggrieved, the present has been filed.

Accordingly, let the appeal be admitted.

Call for the LCR.

Steps on the opposite parties by registered post with A/D within one week from today.

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List this matter after receipt of the LCR.

JUDGE

Comparing Assistant