National Insurance Co. Ltd vs Amrit Prabha Borah And 5 Ors
2025 Latest Caselaw 857 Gua

Gauhati High Court

National Insurance Co. Ltd vs Amrit Prabha Borah And 5 Ors on 4 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/3

GAHC010112932025




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

                          Case No. : MACApp./240/2025

         NATIONAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
         STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANAGARH, G.S.
         ROAD, GUWAHATI 781005 REPRESENTED BY THE CHIEF REGIONAL
         MANAGER, GUWAHATI REGIONAL OFFICE



         VERSUS

         AMRIT PRABHA BORAH AND 5 ORS
         W/O LATE KUMUD BORAH,

         2:N SHUWAGI BORAH

          MOTHER OF LATE KUMUD BORAH

         3:ANTARA BORAH

          D/O LATE KUMUD BORAH

         4:RITURAJ BORAH
          S/O LATE KUMUD BORAH

         5:ANKURJIT BORAH

          S/O LATE KUMUD BORAH
          ALL ARE THE RESIDENTS OF VILL. KHARICHAKHUWA GAON
          P.S.. MAJULI
          DIST. MAJULI
          ASSAM
          PIN 785106
         (RESPONDENT NO 1 IS REPRESENTING THE RESPONDENT NOS 2
          3
                                                                      Page No.# 2/3

             4 AND 5)

             6:PRABAN BORAH

             S/O AKAN CHANDRA BORAH
             R/O NO.1 MORAJAN
             NAOJAN
             P.S. SARUPATHAR
             DIST. GOLAGHAT
             ASSAM
             PIN 785601 (OWNER CUM DRIVER OF THE MOTOR CYCLE BEARING
             REGISTRATION NO AS-09-F-6092




Advocate for the appellant(s): Mr. T Kalita


Advocate for the respondent(s):


                                  BEFORE
                  HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                     ORDER

04.06.2025

Heard Mr. T Kalita, the learned counsel appearing on behalf of the appellant.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 20.03.2025 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup(M) Guwahati in MAC Case No.2394/2018.

3. The learned counsel appearing on behalf of the appellant submits that the ground of objection taken in the instant appeal is that taking into account that Page No.# 3/3

the claimants are getting the benefit in terms with the Notification dated 14.09.2017, inasmuch as, they are being paid the last drawn salary of the deceased, the amount so awarded by the learned Tribunal was not in accordance with law.

4. Taking into account the grounds of objection so taken in the appeal, the instant appeal is admitted.

5. Call for the records.

6. Steps for service of notice upon the respondents by way of registered post with A/D as well as through usual process within 3(three) days from today.

7. List the appeal on 16.07.2025.

JUDGE

Comparing Assistant