Oriental Insurance Co. Ltd vs Lulu Chetia
2025 Latest Caselaw 4497 Gua

Gauhati High Court

Oriental Insurance Co. Ltd vs Lulu Chetia on 26 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                   Page No.# 1/3

GAHC010054042025




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

                          Case No. : MACApp./92/2025

         ORIENTAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI
         ROAD, NEW DELHI, REGIONAL OFFICE AT GUWAHATI-07, REP. BY THE
         REGIONAL MANAGER.



         VERSUS

         LULU CHETIA
         W/O. LT. BINOD CHETIA.

         2:NICHAN CHETIA
          S/O. LT. BINOD CHETIA

         3:NILAM CHETIA
          D/O. LT. BINOD CHETIA
         ALL ARE R/O. VILLAGE NO. 1
          PADUMONI
          P/O . SARUPATHAR
          P/S. SARUPATHAR
          DISTRICT GOLAGHAT
         ASSAM-785601.
         PRESENTLY RESIDING AT BELTOLA TINIALI
          P/S. DISPUR
          DISTRICT- KAMRUP (M)
         ASSAM.

         4:RUPESH SAHAL
          S/O. CHIRANJEE LAL SAHAL
          R/O. VILL.- WARD NO. 03
          SARUPATHAR TOWN
          P/S. SARUPATHAR
          DIST. GOLAGHAT
                                                                       Page No.# 2/3

            ASSAM
            PIN-785621

      For the Appellant(s)     : Ms. M. Choudhury, Advocate

      For the Respondent(s)    : None appears.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 26.03.2025

Heard Ms. M. Choudhury, the learned counsel appearing on behalf of the Appellant Insurance Company.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 03.01.2025 passed by the learned Member, Motor Accident Claims Tribunal, No.1, Kamrup (M) at Guwahati in MAC Case No.444/2018.

3. Ms. M. Choudhury, the learned counsel appearing on behalf of the appellant submitted that the learned Tribunal while awarding the compensation did not take into consideration that the claimants would be entitled to some amount on account of death of the pensioner who was the deceased. The learned counsel submitted that without making necessary deduction in that regard, the impugned order has been passed.

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

5. Call for the records.

6. The appellant is directed to take steps upon the respondent by way Page No.# 3/3

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