Oriental Insurance Company Ltd vs Gujurash Borgoyary And 3 Ors
2025 Latest Caselaw 5851 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Gujurash Borgoyary And 3 Ors on 27 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/3

GAHC010137852025




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

                         Case No. : MACApp./280/2025

         ORIENTAL INSURANCE COMPANY LTD
         (A CENTRAL GOVT. UNDERTAKING), HAVING ITS REGIONAL OFFICE AT
         GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI-781007 REP. BY THE
         MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI781007.



         VERSUS

         GUJURASH BORGOYARY AND 3 ORS.
         S/O. LT. AMRIT @ AMABRIT BORGOYARY, R/O. VILL.- NASRAIBIL, P/O
         SORAIBIL, DIST. KOKRAJHAR, BTR, ASSAM, PIN-783350.
         PRESENT ADDRESS- KODOMTALI, DIST. CHIRANG (BTR), ASSAM-783385

         2:SUMIT SANGWAN
          S/O. BALJIT SINGH SANGWAN
          R/O. RZ-75 SAYED NANGLOI PACHIM VIHAR
          P/O.SUNDER VIHAR
         WEST DELHI
          DELHI-110087.

         3:ASHA RAM SAXENA
          S/O. DIWARI LAL
          R/O. KHADE DEWAR
          P/O. GURSAHAIGANJ
          DIST. CHHIBBRAMAU
          UTTAR PRADESH
          PIN-209722.
         PRESENT ADDRESS-
         C/O. SUMIT SANGWAN
          S/O. BALJIT SINGH SANGWAN
          R/O. RZ-75 SAYED NANGLOI PACHIM VIHAR
          P/O. SUNDER VIHAR
         WEST DELHI
                                                                             Page No.# 2/3

            DELHI
            PIN-110087.

            4:NIRENDRA BASUMATARY
             S/O. LT. DUBANG BASUMATARY
             R/O. VILL.-SURIPARA
             P/O. SORAIBIL
             DIST. KOKRAJHAR
             BTR
            ASSAM
             PIN-783350

                    For the Appellant(s)           : Ms. R. D. Mozumdar, Advocate

                    For the Respondent(s)          : None appears.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                           ORDER

Date : 27.06.2025

Heard Mr. R. D. Mozumdar, 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 (for shot 'the Act of 1988') challenging the judgment and award dated 12.03.2025 passed by the learned Member, Motor Accident Claims Tribunal, Chirang, Kajalgaon in MAC Case No.14/2024.

3. It is seen that the learned Tribunal had arrived at Rs.5,80,800/- as the loss of dependency and further amount of Rs.1,78,000/- was awarded on conventional heads. The learned counsel for the appellant submitted that taking into account that there was only one legal representative, the amount of Rs.1,78,000/- so awarded on conventional heads was beyond what have been judicially evolved in the case of Page No.# 3/3

National Insurance Company Ltd. Vs. Pranay Sethi and Others reported in (2017) 16 SCC 680.

4. This Court enquired with the learned counsel for the appellant as to why the loss of dependency arrived at Rs.5,80,800/- has not been awarded. The learned counsel submitted that the said amount has not been awarded taking into account that the claimant being not a dependent would not be entitled to compensation on the loss of dependency.

5. From a conjoint reading of Section 166 and 168 of the Act of 1988, the question therefore arises as to when the legal representatives of the deceased on the death of an accident is permitted to file an application seeking compensation and Section 168 of the Act of 1988 mentioned about just compensation and not denying compensation to the legal representative whether he is dependent or not, can the Tribunal deny such compensation if the claimant was not dependent.

6. Taking into account the said grounds of objection, the instant appeal stands admitted.

7. Call for the records.

8. 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 7 (three) days.

9. List this matter again on 15.10.2025.

JUDGE Comparing Assistant