Gauhati High Court

Page No.# 1/3 vs Ritu Dowrah And 2 Ors on 2 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/3

GAHC010109032025




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

                          Case No. : MACApp./233/2025

         DIPALI SAIKIA AND 3 ORS
         W/O LATE RITAN SAIKIA

         2: MISS BINIDIN SAIKIA

          SISTER OF LATE RITAN SAIKIA

         3: SATYAM SAIKIA

          S/O LATE RITAN SAIKIA

         4: SUNDARAM SAIKIA
          S/O LATE RITAN SAIKIA
         ALL ARE R/O VILL. NARA KONWAR KOLAPAM GAON
          P.O. PADUMANI
          MOUZA DHEKIAL
          P.S. AND DIST. GOLAGHAT
         ASSAM 785622
          P.O. AND P.S. DERGAON
          DIST. GOLAGHAT
         ASSAM
          PRESENTLY RESIDING AT UDAY NAGAR
          KHANAPARA UDAY NAGAR
          P.S. BASISTHA
          GUWAHTI 781022
          DIST. KAMRUP (M)
         ASSAM

         VERSUS

         RITU DOWRAH AND 2 ORS
         S/O SRI BIREN DOWRAH, R/O VILL. MARANGI, KURUKA GAON, P.S.
         GOLAGHAT, DIST. GOLAGHAT, ASSAM 785702
                                                                 Page No.# 2/3

            2:UMA SAIKIA
             S/O LATE DIMBESWAR SAIKIA
             R/O VILL. SIALEKHATI PART-2
             P.S. AND DIST. GOLAGHAT
            ASSAM.

            3:THE BRANCH MANAGER

            CHOLAMANDALAM M/S GENERAL INSURANCE CO. LTD. 4TH FLOOR
            AASTHA PLAZA
            DEORAH COLLEGE
            G.S. ROAD
            GUWAHATI 781007
            DIST. KAMRUP (M)
            ASSAM


For the appellant (s)   : Mr. S.S.S. Rahman, Advocate

For the respondent (s) : XXXX


                              BEFORE
               HON'BLE MR. JUSTICE DEVASHIS BARUAH
                             ORDER

02.06.2025

This is an Appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 20.02.2025 passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup (M) at Guwahati in MAC Case No.1819/2020.

2. The present Appeal has been filed on the sole ground of objection that the monthly income of the deceased was not properly arrived at by taking into account the Exhibit-7 which was issued by the President of Betoni GP and the learned Page No.# 3/3

Tribunal had relied upon the minimum wages notification of the Labour Welfare Department of the Government of Assam.

3. The learned counsel appearing on behalf of the appellants submitted that had the amount mentioned in Exhibit-7 would have been taken into consideration, the award of compensation would have been much higher.

4. Taking into account the above, the Appeal is admitted.

5. Call for the record(s).

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

JUDGE

Comparing Assistant