The National Insurance Company Ltd vs Sabitri Konwar And 3 Ors
2025 Latest Caselaw 4045 Gua

Gauhati High Court

The National Insurance Company Ltd vs Sabitri Konwar And 3 Ors on 12 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                               Page No.# 1/3

GAHC010252122024




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

                        Case No. : MACApp./15/2025

         THE NATIONAL INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET, KOLKATA
         700071 AND REGIONAL OFFICE AT GS ROAD, BHANGAGARH, GUWAHATI
         5, REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE,
         GUWAHATI



         VERSUS

         SABITRI KONWAR AND 3 ORS
         W/O SUSHIL KONWAR, RESIDENT OF VILLAGE PUB BALIGAON, PO AND
         PS GOGAMUKH, DIST DHEMAJI, ASSAM 787034

         2:SRI KULIN KONWAR
          S/O SUSHIL KONWAR
          RESIDENT OF VILLAGE PUB BALIGAON
          PO AND PS GOGAMUKH
          DIST DHEMAJI
         ASSAM 787034

         3:SRI GOBINDA SARKAR
          S/O TARAPADA SARKAR
         RESIDENT OF BARA SIMILUGURI
          GHOKSADANGA
          KOCH BIHAR
         WEST BENGAL 736171

         4:RELIANCE GENERAL INSURANCE CO. LTD.
          5TH FLOOR
          PRAG PLAZA
          GS ROAD
          BHANGAGARH GUWAHATI 0
                                                                Page No.# 2/3

          Linked Case : I.A.(Civil)/409/2025

          THE NATIONAL INSURANCE COMPANY LTD
          HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET
          KOLKATA 700071 AND REGIONAL OFFICE AT GS ROAD
          BHANGAGARH
          GUWAHATI 5
          REPRESENTED BY ITS REGIONAL MANAGER
          REGIONAL OFFICE
          GUWAHATI

          VERSUS

          SABITRI KONWAR AND 3 ORS
          W/O SUSHIL KONWAR
          RESIDENT OF VILLAGE PUB BALIGAON
          PO AND PS GOGAMUKH
          DIST DHEMAJI
          ASSAM 787034

          2:SRI KULIN KONWAR
          S/O SUSHIL KONWAR RESIDENT OF VILLAGE PUB BALIGAON PO AND PS
          GOGAMUKH DIST DHEMAJI ASSAM 787034

          3:SRI GOBINDA SARKAR
          S/O TARAPADA SARKAR RESIDENT OF BARA SIMILUGURI GHOKSADANGA
          KOCH BIHAR WEST BENGAL 736171

           4:RELIANCE GENERAL INSURANCE CO LTD
          5TH FLOOR PRAG PLAZA GS ROAD BHANGAGARH GUWAHATI 0

For the appellant (s)       : Mr. P. J. Barman, Advocate

For the respondent (s) : XXXX

                             BEFORE
              HON'BLE MR. JUSTICE DEVASHIS BARUAH
                            ORDER

12.03.2025

Heard Mr. P. J. Barman, the learned counsel appearing on behalf of the appellant.

Page No.# 3/3

2. This is an Appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 17.09.2024 passed by the learned Member, MACT, Lakhimpur in MAC Case No.13/2022.

3. The learned counsel appearing on behalf of the appellant submitted that the salary certificate on the basis of which the learned Tribunal had come to an opinion that the monthly income of the deceased was Rs.30,719/- having not been proved, the learned Tribunal erred in law in arriving at the quantum so awarded in favour of the claimants.

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

5. Call for the record(s).

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

JUDGE

Comparing Assistant