The National Insurance Co. Ltd vs Dipika Borah Anr 2 Ors
2025 Latest Caselaw 5218 Gua

Gauhati High Court

The National Insurance Co. Ltd vs Dipika Borah Anr 2 Ors on 11 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                     Page No.# 1/3

GAHC010098082025




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

                              Case No. : MACApp./200/2025

          THE NATIONAL INSURANCE CO. LTD.
          HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET, KOLKATA
          700071 AND REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI
          - 5, REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE,
          GUWAHATI.



          VERSUS

          DIPIKA BORAH ANR 2 ORS
          W/O LT. CHANDAN BORAH, R/O DA PARBATIA, TEZPUR, P.S. TEZPUR, DIST.
          SONITPUR, ASSAM.

          2:MANIRUL AHMED

           S/O JAMAL UDDIN
           R/O BATAMARI
           P.O. AND P.S. TEZPUR
           DIST. SONITPUR
           ASSAM.

          3:MD. ALAUDDIN

           S/O LT. NAIMUDDIN
           R/O BATAMARI
           P.O. AND P.S. TEZPUR
           DIST. SONITPUR
           ASSA

     For the Appellant(s)      : Mr. P. J. Barman, Advocate

     For the Respondent(s)     : None appears.
                                                                       Page No.# 2/3




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 11.06.2025

Heard Mr. P. J. Barman, the learned counsel appearing on behalf of the appellant Insurance Company.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 12.03.2025 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur in MAC Case No.112/2023 (Death).

3. Mr. P. J. Barman, the learned counsel appearing on behalf of the appellant Insurance Company submitted that the sole ground of objection taken in the instant appeal is that as the salary certificate having not been proved, the learned Tribunal was not justified in arriving at the amount of Rs.14,900/- as the monthly income of the deceased. He submitted that without the monthly income certificate being proved, the deceased at best would have been entitled to the monthly income of Rs.10,127.25p which is as per the Minimum Wages Act, 1948 as notified by the Government of Assam vide notification dated 20.04.2022.

4. Taking into account the said ground of objection, the instant appeal is admitted.

5. Call for the records.

6. The appellant is directed to take steps upon the respondents by way of Registered Post with A/D as well as through usual process within 3 Page No.# 3/3

(three) days.

7. List this matter after completion of service and receipt of the LCR.

JUDGE

Comparing Assistant