Page No.# 1/3 vs Ifco Tokio Gen Insurance Co Ltd And 2 Ors
2025 Latest Caselaw 1191 Gua

Gauhati High Court

Page No.# 1/3 vs Ifco Tokio Gen Insurance Co Ltd And 2 Ors on 4 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/3

GAHC010113662025




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

                         Case No. : MACApp./241/2025

         JURI DAS AND 3 ORS
         W/O LATE AJAY DAS @ AJAY KUMAR DAS

         2: JUMAN DAS

          S/O LATE AJAY DAS @ AJAY KUMAR DAS

         3: PARMESWARI DAS

          W/O NAGEN CH. DAS @ NAGEN DAS

         4: NAGEN CH DAS @ NAGEN DAS

         S/O LATE KEKORAM DAS
         ALL ARE R/O VILL. NATUN SAPARTARI
         P.S. CHAYGAON
         DIST. KAMRUP (ASSAM)
         (APPELLANT NO 2 IS MINOR AND HENCE REPRESENTED BY APPELLANT
         NO. 1

         VERSUS

         IFCO TOKIO GEN INSURANCE CO LTD AND 2 ORS
         GEN. INSURANCE CO. LTD HOUSEFED COMPLEX, 3RD FLOOR
         RUKMINIGAON (NEAR HDFC BANK), P.O. GUWAHATI 781022, DIST.
         KAMRUP(M), ASSAM.

         2:SANOWAR HUSSAIN

          S/O TAHER ALI
          VILL. MANAS RESERVE
          P.O. RAJMITA 783129
          P.S. AND DIST. GOALPARA
          ASSAM.
                                                             Page No.# 2/3


           3:SAHANU @ SHAHANUR ISLAM

           S/O ABDUL MALEK
           VILL. SHIMULKANDI
           TAKIMARI
           P.O. BALIJANA 783132
           DIST. GOALPARA
           ASSAM

For the appellant (s)   : Mr. A. R. Agarwala, Advocate

For the respondent (s) : XXXX



                              BEFORE
               HON'BLE MR. JUSTICE DEVASHIS BARUAH
                             ORDER

04.06.2025

This is an Appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 06.03.2025 passed by the learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M) at Guwahati in MAC Case No.821/2019.

2. The ground of objection taken is that the monthly notional income so taken was in lower side taking into account that the deceased was a skilled workman and he was an electrician.

3. The learned counsel for the appellants therefore submitted that the compensation so awarded was not just and reasonable Page No.# 3/3

compensation, and as such, sought for enhancement of the compensation.

4. Taking into account the ground of objection, the Appeal is admitted.

5. Call for the record(s).

6. Steps be taken upon the respondent Nos.1, 2 & 3 by way of registered post with A/D as well as through usual process within 2 (two) days.

JUDGE

Comparing Assistant