Page No.# 1/3 vs Ms Hdfc Ergo General Insurance Co Ltd( ...
2025 Latest Caselaw 5074 Gua

Gauhati High Court

Page No.# 1/3 vs Ms Hdfc Ergo General Insurance Co Ltd( ... on 28 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/3

GAHC010108752025




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

                         Case No. : MACApp./211/2025

         SMTI LITU MONI BORAH DAS AND ANR
         W/O LATE MOON DAS,

         2: NIPON DAS

          S/O LATE MOON DAS
          REPRESENTED BY HIS MOTHER THE APPELLANT 1

         ALL ARE R/O VILL. BORDUBIA
         NIZA BIHAGURI GAON
         P.O .BIHOGURI
         P.S. TEZPUR
         DIST. SONITPUR
         PIN 784153
         ASSA

         VERSUS

         MS HDFC ERGO GENERAL INSURANCE CO LTD( INSURER) AND 2 ORS
         REGISTERED OFFICE NO - 208, 2ND FLOOR, SEWA CORPORATE PARK,
         MEHRAULI, GUWAHATI ROAD, GURUGRAM, HARYANA, PIN 122001

         2:TIRTHA DEEP NATH (DRIVER)
          S/O SRI KRISHNA MOHAN NATH
          R/O VILL. PITHAKHUWA
          GERUWAPATHAR
          P.O. TEZPUR
          P.S. TEZPUR
          DIST. SONITPUR
         ASSAM.

         3:SMTI HIMSHIKA DEVI (OWNER)
          D/O SRI KRISHNA MOHAN NATH
          R/O VILL. PITHAKHUWA
                                                                       Page No.# 2/3

            GERUWAPATHAR
            P.O. TEZPUR
            P.S. TEZPUR
            DIST. SONITPUR
            ASSAM
            PIN 78415

For the Appellant(s)          : Ms. D. Kalita, Advocate

For the Respondent(s)         : None appears




                                  BEFORE
                   HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 28.05.2025

This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 21.02.2025 passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), Guwahati (hereinafter referred to as, "the learned Tribunal") in MAC Case No. 2387/2022 whereby an amount of Rs. 14,54,000/- along with interest at the rate of 9% per annum from the date of filing the claim petition was awarded in favour of the appellants.

2. The learned counsel appearing on behalf of the appellants submitted that the ground of objection which is being taken in the instant appeal is that the learned Tribunal had taken the monthly notional income of the deceased at Rs. 7,500/-, without considering the evidence of PW 1 and PW 3, wherein it was categorically mentioned that the deceased was earning a monthly income of Rs. 29,000/-.

3. Taking into account the said ground of objection, the instant appeal Page No.# 3/3

is admitted.

4. Call for records.

5. 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.

6. List the matter after completion of service and receipt of the records.

JUDGE

Comparing Assistant