Gauhati High Court
Hdfc Ergo General Insurance Co Ltd vs Labhali Deka And 4 Ors on 12 February, 2025
Page No.# 1/4
GAHC010150602024
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./550/2024
HDFC ERGO GENERAL INSURANCE CO LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RAMON HOUSE,
H.T. PAREKH MARG, 169, BACKBAY RECLAMATION, MUMBAI 400020 AND
ITS GUWAHATI BRANCH OFFICE AT ADITYAM BUILDING, 6TH FLOOR,
LACHIT NAGAR, G.S. ROAD, GUWAHATI, ASSAM, PIN-781007.
VERSUS
LABHALI DEKA AND 4 ORS
W/O. LATE HIMANGSHU DEKA
2:ABHIJIT DEKA
S/O. LATE HIMANGSHU DEKA
3:BHRANTI DEKA
D/O. LATE HIMANGSHU DEKA
4:SUNDARI DEKA
M/O. LATE HIMANGSHU DEKA
ALL ARE RESIDENT OF-
R/O. VILL. SARTHEBARI
MILON NAGAR
W/NO.-4
P/S. SARTHEBARI
DIST. BARPETA
ASSAM
PIN-781307
RESPONDENT NO. 2 AND 3 BEING MINORS ARE REPRESENTED BY THEI
LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO. 1
5:JAYANTA DEKA
S/O. SRI UMESH DEKA
Page No.# 2/4
R/O. VILL. SARTHEBARI
MILON NAGAR
W/NO. 4
P/S. SARTHEBARI
DIST. BARPETA
ASSAM
PIN-781307
Advocate for the Petitioner : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR
Advocate for the Respondent : MR. J SARMAH (R1,4), MRS. M BARUAH (R1,4)
Linked Case : I.A.(Civil)/3262/2024
HDFC ERGO GENERAL INSURANCE CO LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RAMON HOUSE
H.T. PAREKH MARG
169
BACKBAY RECLAMATION
MUMBAI 400020 AND ITS GUWAHATI BRANCH OFFICE AT ADITYAM
BUILDING
6TH FLOOR
LACHIT NAGAR
G.S. ROAD
GUWAHATI
ASSAM
PIN-781007.
VERSUS
LABHALI DEKA AND 4 ORS
W/O. LATE HIMANGSHU DEKA
2:ABHIJIT DEKA
S/O. LATE HIMANGSHU DEKA
3:BHRANTI DEKA
D/O. LATE HIMANGSHU DEKA
4:SUNDARI DEKA
M/O. LATE HIMANGSHU DEKA
ALL ARE RESIDENT OF-
R/O. VILL. SARTHEBARI
MILON NAGAR
W/NO.-4
Page No.# 3/4
P/S. SARTHEBARI
DIST. BARPETA
ASSAM
PIN-781307
RESPONDENT NO. 2 AND 3 BEING MINORS ARE REPRESENTED BY THEI
LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO. 1
5:JAYANTA DEKA
S/O. SRI UMESH DEKA
R/O. VILL. SARTHEBARI
MILON NAGAR
W/NO. 4
P/S. SARTHEBARI
DIST. BARPETA
ASSAM
PIN-781307.
------------
Advocate for : MR. R GOSWAMI
Advocate for : appearing for LABHALI DEKA AND 4 ORS
BEFORE
HON'BLE MRS. JUSTICE MARLI VANKUNG
ORDER
12.02.2025
Heard Ms. P. Borthakur, learned counsel for the appellant.
This appeal is filed under Section 173 of the Motor Vehicles Act, 1988
against the Judgment & Award dated 26.04.2024 passed by the learned
Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati in MAC
Case No. 274/2019.
The learned counsel for the appellant submits that the awarded amount is
on the higher side, since the learned Tribunal had erred in calculating the
compensation amount due to the claimant which is not as per the law in vogue.
Page No.# 4/4
Appeal is admitted.
LCR is to be called for.
Issue notice to the respondents.
Mr. J. Sarmah appears on behalf of the respondent Nos. 1 to 4.
Notice be issued to the respondent No. 5 through registered post with A/D
as well as through usual process, within 3 days returnable by three weeks.
List the matter after 3 (three) weeks.
JUDGE
Comparing Assistant
