Nani Das @ Nani Bala Das vs Niranjan Roy Sarkar And Anr
2024 Latest Caselaw 8108 Gua

Gauhati High Court

Nani Das @ Nani Bala Das vs Niranjan Roy Sarkar And Anr on 6 November, 2024

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GAHC010201902024




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

                                  Case No. : MACApp./515/2024

            NANI DAS @ NANI BALA DAS
            W/O RAJMOHAN DAS,
            RESIDENT OF VILLAGE SURJA SEN COLONY, WARD NO. 34, PO AND PS
            BHAKTINAGAR, DIST JALPAIGURI, WEST BENGAL, 73400



            VERSUS

            NIRANJAN ROY SARKAR AND ANR
            S/O LATE MONORANJAN ROY,
            RESIDENT OF VILLAGE AND PO BISONDOI, PART I, PS GOLAKGANJ, DIST
            DHUBRI, ASSAM 783334

            2:THE ORIENTAL INSURANCE CO LTD.
             REPRESENTED BY THE REGIONAL MANAGER
             GUWAHATI REGIONAL OFFICE
             ULUBARI
             GUWAHATI 78100

Advocate for the Petitioner   : MR. M TALUKDAR,

Advocate for the Respondent : ,
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                                   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 20.06.2022, passed by the learned Member, Motor Accident Claims Tribunal, Dhubri, in MAC Case No. 103/2015.

3. It is to be noted here that vide impugned judgment and award dated 20.06.2022, the learned Member, Motor Accident Claims Tribunal, Dhubri had directed the respondent No. 2, Oriental Insurance Co. Ltd. to pay a sum of Rs. 4,90,000/- with interest @ 9% per annum to the appellant from the date of filing of the examination-in-chief of the C.W.1 i.e. 17.03.2018 till realization.

4. Mr. Talukdar, learned counsel for the appellant submits that while assessing the compensation, the learned Member has considered the income of the deceased in the lower side.

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.

10. List the matter after four weeks.

JUDGE

Comparing Assistant