New India Assurance Co. Ltd vs Sharmila Turi And 4 Ors
2024 Latest Caselaw 2873 Gua

Gauhati High Court

New India Assurance Co. Ltd vs Sharmila Turi And 4 Ors on 1 May, 2024

                                                                     Page No.# 1/3

GAHC010029662024




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

                          Case No. : MACApp./181/2024

         NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING
         87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL
         OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, NEAR
         HANUMAN MANDIR, G.S. ROAD, ULUBARI, GUWAHATI- 07.



         VERSUS

         SHARMILA TURI AND 4 ORS.
         W/O LATE RAJU TURI,
         VILL.- LENGRAI TEA ESTATE, 8 NO. LNE, P.O.- LENGRAI, P.S.- TENGAKHAT,
         DIST.- DIBRUGARH, ASSAM, PIN- 786103.

         2:AMRIT KUMAR TURI
          S/O LATE RAJU TURI

         VILL.- LENGRAI TEA ESTATE
         8 NO. LNE
         P.O.- LENGRAI
         P.S.- TENGAKHAT
         DIST.- DIBRUGARH
         ASSAM
         PIN- 786103.

         3:ANIMA TURI
          D/O LATE RAJU TURI

         VILL.- LENGRAI TEA ESTATE
         8 NO. LNE
         P.O.- LENGRAI
         P.S.- TENGAKHAT
         DIST.- DIBRUGARH
                                                                                   Page No.# 2/3

             ASSAM
             PIN- 786103.

            4:DHRUBA TANTI
             S/O SRI NANDA TANTI

            R/O C/O SRI ARUN TANTI

            SARBANANDA SINGH NAGAR
            P.O. AND P.S.- TINSUKIA
            DIST.- TINSUKIA (ASSAM)
            PIN-

            5:DAYA SONOWAL
             S/O SRI SHUSHIL KANTA SONOWAL

            VILL.- ABHOYPURIA
            P.O.- TENGAKHAT
            DIST.- DIBRUGARH (ASSAM)
            PIN- 786003

Advocate for the Petitioner   : MR. R K BHATRA

Advocate for the Respondent : FOR CAVEATOR




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                           ORDER

Date : 01.05.2024

Heard Ms. A. Biyani as well as Mr. R. K. Bhatra, learned counsels for the appellant. Also heard Mr. K. R. Bora, learned counsel for the respondent Nos. 1, 2 and 3/ claimant.

This is an appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 20.11.2023, passed by the Learned Member, MACT No. 1, Kamrup (M) in MAC Case No. 1217 of 2018, awarding an amount of Rs. 30,88,528/- .

It is submitted by Ms. Biyani, learned counsel for the appellant that the Learned Member, MACT No. 1, Kamrup (M) had overlooked the scheme of the Govt. Notification dated Page No.# 3/3

14.09.2017, by which the claimants are getting 100% of the last pay of deceased being a Govt. employ.

Considering the submission made by the learned counsel for the appellant, the appeal is admitted for hearing.

Issue notice to the respondents, returnable within 4(four) weeks.

Since Mr. K. R. Bora, learned counsel for the respondent Nos. 1, 2 and 3, has entered appearance and excepted notices on behalf of the said respondents, issuance of formal notice to the said respondents is hereby dispensed with. However, he shall be provided with requisite extra copy of the memo of appeal, if not already furnished, during the course of the day.

Learned counsel for the appellant shall take steps for service of notice upon respondent Nos. 4 and 5 by registered post with A/D as well as by usual process within a week from today.

Also, call for the LCR.

List the matter after 4(four) weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant