Abul Kalam vs Nasiruddin Ahmed And Ors
2025 Latest Caselaw 3658 Gua

Gauhati High Court

Abul Kalam vs Nasiruddin Ahmed And Ors on 3 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                Page No.# 1/2

GAHC010032422025




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

                           Case No. : MACApp./58/2025

          ABUL KALAM
          S/O MD. MUR MAHAMMAD, RESIDENT OF VILLAGE MANDALPARA,
          POLICE STATION- KHARUPETIA, DISTRICT- DARRANG, ASSAM



          VERSUS

          NASIRUDDIN AHMED AND ORS
          S/O LATE ABDUL GAFUR, R/O. VILLAGE GHANSIMALU, P.O.
          GHANSHIMALU, P/S. KHARUPETIA, DISTRICT DARRANG, ASSAM.

          2:MAINUL HAQUE
           S/O. OSMAN ALI
           R/O VILLAGE- GHANSIMALU
           P.O. GHANSHIMALU
           P
          S. KHARUPETIA
           DISTRICT DARRANG
          ASSAM

          3:ORIENTAL INSURANCE COMPANY LTD.
           REPRESENTED BY THE REGIONAL OFFICE GODREJ BUILDING
           ULUBARI
           GUWAHATI-07
           DISTRICT KAMRUP (METRO)
          ASSA

Advocate for the appellant(s): Mr. R Goswami


Advocate for the respondent(s): X X
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                                  BEFORE
                   HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 03.03.2025 Heard Mr. R Goswami, the learned counsel appearing on behalf of the appellant.

2. This is an appeal preferred under Section 173 of the Motor Vehicle Act, 1988 challenging the judgment and Order dated 29.11.2024 passed by the learned Member, Motor Accident Claims Tribunal No.3, Kamrup(Metro) Guwahati in MAC Case No.2020/2019, whereby the amount of Rs.2,95,636/- along with interest @ 9% per annum from the date of filing of the claim petition till the date of its realization.

3. Mr. R Goswami, the learned counsel for the appellant submits that in the claim petition adequate compensation has not been given on account of loss of income. The learned counsel submitted that the learned Tribunal failed to take note of the fact that the claimant had suffered permanent disability.

4. Taking into account the above, the instant appeal is admitted.

5. Call for the records.

6. 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(three) days.

7. List after completion of service.

JUDGE Comparing Assistant