Shriram General Insurance ... vs Smti Namita Kalindi And 2 Ors
2023 Latest Caselaw 4136 Gua

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GAHC010005352016




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

                                Case No. : MACApp./337/2021

            SHRIRAM GENERAL INSURANCE COMPANY LIMITED
            HAVING ITS CORPORATE AND REGISTERED OFFICE AT E-8, EPIP, RIICO
            INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN, INDIA PIN 302022
            AND ONE OF THE BRANCH OFFICES AT B.R. ARCADE, 3RD FLOOR,
            OPPOSITE TO PRIYA PALACE HOTEL, 21, JANAPATH, ULUBARI,
            GUWAHATI 781007, KAMRUP M, ASSAM.



            VERSUS

            SMTI NAMITA KALINDI and 2 ORS
            W/O LATE TANKESWAR KALINDI, R/O VILL. HALESWAR DEWALAI, P.O.
            and P.S. TEZPUR, DIST. SONITPUR, ASSAM, PIN 784104


Advocate for the Petitioner   : MR. A J SAIKIA

Advocate for the Respondent : MR. R K JAIN

PRESENT THE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

For the Appellant : Mr. A.J. Saikia, Advocate.

For the Respondent : Mr. R.K. Jain, Advocates.

             Date of Hearing               :     22.09.2023.
              Date of Judgment             :      05.10.2023.
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                     JUDGMENT AND ORDER (CAV)

Heard Mr. A.J. Saikia, learned counsel representing the appellant as well as Mr. R.K. Jain learned counsel appearing for the respondent.

2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 28.08.2025 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur at Tezpur in MAC Case No.12/2011.

3. On 21.10.2010, an accident took place and in that accident, Tankeswar Kalindi, the handyman of vehicle no. AS-12B-3202 lost his life. The claim petition was filed by his wife. The Tribunal awarded a compensation of ₹17,16,750/- along with interest @ 7% per annum upon the said amount.

4. The learned Tribunal held the monthly income of the deceased at ₹6,500/-.

7. The present appeal has been filed only on the ground that the Tribunal has erroneously held the monthly income of the deceased to be ₹6,500/- only.

8. I have considered the submissions made by the learned counsels of both sides.

9. The Tribunal relied upon the evidence of CW.3 who stated that the deceased used to earn a salary of Rs.5,000/- per month and he used to earn Rs.50/- everyday as daily allowance. On the basis of the aforesaid evidence, the Tribunal held the income of the deceased at Rs.6,500/- per month.

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10. I find that the learned Tribunal has correctly appreciated the evidence and held the income of the deceased to be Rs.6,500/- per month.

11. I am of the considered opinion that the present appeal is devoid of any merit. Hence, the appeal stands dismissed and disposed of.

Send back the LCR.

JUDGE

Comparing Assistant