Page No.# 1/3 vs Hiralal Jat And Ors
2025 Latest Caselaw 3847 Gua

Gauhati High Court

Page No.# 1/3 vs Hiralal Jat And Ors on 7 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                Page No.# 1/3

GAHC010042802025




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

                         Case No. : MACApp./74/2025

         SUMITRA DEVI AGARWAL
         WIFE OF SRI BAJRANG LAL AGARWAL.

         2: BAJRANG LAL AGARWAL
          SON OF LATE MADAN LAL AGARWAL.
         BOTH ARE RESIDENT OF NO.330
          2ND FLOOR
          BARUAH MARKET
          FANRY BAZAR
          GUWAHATI
          DISTRICT - KAMRUP(M)
         ASSAM AND PERMANENT RESIDENT OF VILLAGE - TOKRIGOLA
          MAKUM ROAD
          P.O.
          P.S. AND DISTRICT - TINSUKIA
         ASSAM
          PIN - 786125

         VERSUS

         HIRALAL JAT AND ORS
         SON OF HANUMAN RAM JAT, RESIDENT OF MARGHERITA BAZAR, P.S.
         MARGHERITA, DISTRICT - TINSUKIA, ASSAM, PIN - 786181.

         2:DHARAM PAL KULHARI
          S/O. MEWARAM KULHARI
          R/O. VILL.- MARGHERITA BAZAR
          P/S. MARGHERITA
          DIST. TINSUKIA
         ASSAM
          PIN-786181

         3:THE ORIENTAL INSURANCE COMPANY LTD.
          REP. BY ITS REGIONAL MANAGER
                                                           Page No.# 2/3

          HAVING OFFICE AT GUWAHATI
          ULUBARI
          G.S. ROAD
          DIST. KAMRUP (M0
          ASSAM
          PIN-781007

          4:RAM AWATAR AGARWAL
           S/O. SRI BANSIDHAR AGARWAL
           R/O. M/S. KAMDHENU
          AT ROAD
           P/O. AND P/S. TINSILIA
           DIST. TINSUKIA
          ASSAM
           PIN-786125.

          5:THE UNITED INDIA INSURANCE COMPANY LTD.
           REP. BY ITS REGIONAL MANAGER
           HAVING OFFICE AT BHANGAGHAR
           G.S. ROAD
           GUWAHATI
           DIST. KAMRUP (M)
          ASSAM
           PIN-781005

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

For the respondent (s) : XXXX

                             BEFORE
              HON'BLE MR. JUSTICE DEVASHIS BARUAH
                            ORDER

07.03.2025

Heard Mr. S. Deka, the learned counsel appearing on behalf of the appellant.

2. This is an Appeal filed under Section 173 of the Motor Page No.# 3/3

Vehicles Act, 1988 challenging the judgment and award dated 28.11.2024 passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup (M) in MAC Case No.157/2007.

3. Mr. S. Deka, the learned counsel for the appellant submits that the learned Tribunal while passing the impugned judgment and award dated 28.11.2024 failed to take into consideration the evidence which was adduced as regards the income of the deceased, and as such, the amount which has been awarded is far less to what the claimants are actually entitled to.

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

5. Call for the record(s).

6. Steps be taken upon the respondents by way of registered post with A/D as well as through usual process during the course of the day.

JUDGE

Comparing Assistant