Page No.# 1/3 vs New India Assurance Co. Ltd
2025 Latest Caselaw 4496 Gua

Gauhati High Court

Page No.# 1/3 vs New India Assurance Co. Ltd on 26 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/3

GAHC010049842025




                                                           undefined

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

                         Case No. : MACApp./89/2025

         THUNU DEKA AND ORS
         WIFE OF LATE KHANINDRA DEKA

         2: SUMIT DEKA
          S/O. LT. KHANINDRA DEKA

         3: NILAM DEKA
          S/O. LT. KHANINDRA DEKA

         ALL ARE R/O. VILL.- BHAWANIPUR
         CHOUDHURYPARA
         P/S. BARPETA
         DIST. BARPETA
         ASSAM
         PIN-781352

         (APPELLAMT NO.3 BEING MINOR IS REP. BY APPELLANT NO. 1

         VERSUS

         NEW INDIA ASSURANCE CO. LTD.
         REPRESENTED BY ITS CHIEF REGIONAL MANAGER, GUWAHATI
         REGIONAL OFFICE, STAR CITY COMPLEX, 5TH FLOOR, ULUBARI (LACHIT
         NAGAR), NEAR HANUMAN MANDIR, GUWAHATI-781007. (INSURER OF
         THE VEHICLE PB-22D-9711)

         2:MONJINDER SINGH
          S/O. GURDOV SINGH
         VILL.- MUKTSAR ROAD
          FAZILKA
          PUNJAB
          PIN-152123.

         3:NAVADEEP SINGH
                                                              Page No.# 2/3

      S/O. ROOSH SINGH
      VILL.- CHINDENA CHIHKI
      P/S. MOGA
      PIN-1420012
      PUNJAB

     4:CHIEF EXECUTIVE OFFICER
      ROYAL INSURANCE CORPORATION OF BHUTAN
     TIMPHU
      POST-315
      PIN-11001

     5:ROYAL INSURANCE CORPORATION OF BHU LTD.TAN
      MONGAR
      DIST. AND P/S. MONGAR
      BHUTAN
      PIN-43001

     6:PEMA NOMGYEL
      C/O. M/S. SOVAM YERLEY CONSTRUCTION GYELPOSHING
      MONGER
      BHUTAN
      PIN-43001

     7:SHERAB DORJI
      S/O. DARJI
     VILL.- GOENPA
      P/S. MONGER
      DIST. MONGER
      BHUTAN
      PIN-43001.

     8:UPANGA DEKA
      S/O. DHARANIDHAR DEKA
     VILL.- AJASASTAR (SARUPETA)
      P/S. PATACHARKUCHI
      DIST. BARPETA
     ASSAM
      PIN-781318

For the Appellant(s)           : Mr. M. Talukdar, Advocate

For the Respondent(s)          : None appears.
                                                                          Page No.# 3/3

                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 26.03.2025

Heard Mr. M. Talukdar, the learned counsel appearing on behalf of the appellants.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 13.11.2024 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M) at Guwahati in MAC Case No.2616/2017.

3. Mr. M. Talukdar, the learned counsel appearing on behalf of the appellants submits that the instant appeal has been filed challenging the quantum of compensation awarded and as per him, the learned Tribunal while awarding the compensation have made incorrect deduction of personal expenses and have also awarded the solatium.

4. The appeal is admitted.

5. Call for the records.

6. The appellants are 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 this matter after completion of service and receipt of the LCR.

JUDGE

Comparing Assistant