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Gauhati High Court
Page No.# 1/3 vs Md Safikul Islam And 4 Ors on 10 December, 2025
Page No.# 1/3
GAHC010202652025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./496/2025
SMTI RINKU DEVI AND 3 ORS
W/O LATE SANJAY RAI @ LATE RANJIT KUMAR,
2: SRI CHOTU KUMAR
S/O LATE SANJAY RAI ALIAS LATE RANJIT KUMAR
3: SRI ANKIT KUMAR
S/O LATE SANJAY RAI ALIAS LATE RANJIT KUMAR
4: SRI AAYUSH KUMAR
S/O LATE SANJAY RAI ALIAS LATE RANJIT KUMAR
ALL ARE PERMANENT RESIDENT OF WARD NO. 9
RAMPUR BAGHEL
P.O. AND P.S. RAMPUR BAGHEL
PRESENTLY RESIDENT AT WARD NO. 6
HATIPILKHANA
TEZPUR TOWN
P.O. AND P.S. TEZPUR
DISTRICT- SONTIPUR
ASSAM
PIN 784001
(APPELLANT NOS 2
3 AND 4 ARE MINORS REPRESENTED BY THEIR MOTHER AND LEGAL /
NATURAL GUARDIAN I.E. THE APPELLANT NO. 1
VERSUS
MD SAFIKUL ISLAM AND 4 ORS
S/O SAN MAHAMMAD, R/O VILLAGE- DEKARGAON, BARAMPUR,
JABERIKUCHI, P.O. AND P.S. MANGALDAI, DIST- DARRANG, ASSAM.
2:MATLEBUDDIN AHMED
S/O MD. GIASUDDIN AHMED
R/O H/NO. 2
Page No.# 2/3
SEWALIPATH
F.A. AHMED NAGAR
SIXMILE
KHANAPARA
P.S. DISPUR
DISTRICT- KAMRUP (M)
ASSAM.
3:THE UNITED INDIA INSURANCE CO LTD
SC ROAD
PO TEZPUR
DIST. SONITPUR
ASSAM.
4:RAJ KUMAR SARMAH
S/O GANPAT SARMAH
RESIDING NEAR CIVIL HOSPITAL
P.O. AND P.S. TEZPUR
DISTRICT- SONTIPUR
ASSAM- 784001.
5:THE NEW INDIA ASSURANCE CO LTD
DIVISIONAL OFFICE AT MAYUR BHAWAN
MAIN TOWN
P.O. AND P.S. TEZPUR
DISTRICT SONITPUR
ASSAM-784001
Advocate for the Petitioner : MR. A GANGULY, MR. A DHANUKA
Advocate for the Respondent : ,
BEFORE
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
Date : 10.12.2025
This appeal under Section 173 of the Motor Vehicle Act, 1988 has
been preferred praying for enhancement of the the judgment and award
dated 05.06.2025 passed by the learned Member, MACT Sonitpur, Tezpur in
MAC (D) Case No.93/2023.
Page No.# 3/3
Heard the learned counsel for the appellant Mr. A. Dhanuka.
This appeal has been filed mainly on the ground that the learned
Tribunal had applied1/4th deduction for personal expenses, whereas there
were 4 dependants and therefore only 1/5 th deduction should have been
applied. Moreover, the learned Tribunal granted a fixed amount of
Rs.10,000/- as future prospect instead of computing it as a 40% addition to
the annual income applicable to permanent employee. Further, it is stated
that the deceased monthly income was Rs.25,000/- however, the learned
Tribunal has wrongly excluded the daily allowance of Rs.150/- per day which
amounts to Rs.4,500/- p.m i.e. the actual income should have been
Rs.30,000/-. Being aggrieved, the appellant has preferred this appeal.
The appeal is admitted for hearing.
Issue notice to the respondents returnable within 6(six) weeks.
The appellant shall take steps for service of notice on the
respondents by usual process as well as by speed post document within one
week from today.
Call for the Trial Court Record from the Court of learned
Member, MACT Sonitpur, Tezpur.
List the matter after 6(six) weeks.
JUDGE
Comparing Assistant
