Amdadul Islam vs National Insurance Co. Ltd And 2 Ors B
2024 Latest Caselaw 8107 Gua

Gauhati High Court

Amdadul Islam vs National Insurance Co. Ltd And 2 Ors B on 6 November, 2024

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GAHC010046062024




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

                                Case No. : MACApp./442/2024

            AMDADUL ISLAM
            S/O LATE ABDUL JABBAR, VILL.- DUWAMARI, P.O. AND P.S.-
            LAHARIGHAT, DIST.- MORIGAON, ASSAM, PIN- 782127.



            VERSUS

            NATIONAL INSURANCE CO. LTD AND 2 ORS B
            REP. BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, G.S.
            ROAD, BHANGAGARH, GUWAHATI- 781005.

            2:MD. ABDUL BASAR
             S/O NURUL ISLAM

            VILL.- BHEHAGURI
            P.O.- MIKIRBHETA
            P.S.- MORIGAON
            DIST.- MORIGAON
            ASSAM
            PIN- 782001.

            3:MD. NURUL ISLAM
             S/O LATE MAHMOD HUSSAIN

            VILL.- BHEHAGURI
            P.O.- MIKIRBHETA
            P.S.- MORIGAON
            DIST.- MORIGAON
            ASSAM
            PIN- 782001

Advocate for the Petitioner   : MR. M TALUKDAR,
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Advocate for the Respondent : ,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                       ORDER

Date : 06.11.2024

Heard Mr. M. Talukdar, learned counsel for the appellant.

2. This appeal, under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 18.04.2023, passed by the learned Member, Motor Accident Claims Tribunal, Morigaon, in MAC (Injury) Case No. 38/2015.

3. It is to be noted here that vide impugned judgment and award dated 18.04.2023, the learned Member, Motor Accident Claims Tribunal, Morigaon had directed the respondent No. 1, National Insurance Co. Ltd. to pay a sum of Rs. 65,000/- with interest @ 7.5% per annum from the date of filing of the claim petition i.e. 17.01.2017 till realization to the appellant.

4. Mr. Talukdar, learned counsel for the appellant submits that while assessing the compensation, the learned Member has not considered the disability certificate which was exhibited before the learned Member during the course of trial and that the sum so assessed in the pecuniary and non-pecuniary head are in the lower side, and therefore, it is contended to allow this appeal.

5. The submission of Mr. Talukdar needs further consideration.

6. At this stage, admit this appeal.

7. Let notice be issued to the respondents returnable in four weeks.

8. Steps be taken upon the respondents by way of registered post with A/D as well as by usual process within a week from today.

9. Registry shall call for the record from the learned Tribunal.

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10. List the matter after four weeks.

JUDGE

Comparing Assistant