Rajarshi Hazarika vs Bhim Yadav 4 Ors
2025 Latest Caselaw 5077 Gua

Gauhati High Court

Rajarshi Hazarika vs Bhim Yadav 4 Ors on 28 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/3

GAHC010104572025




                                                           undefined

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

                         Case No. : MACApp./212/2025

         RAJARSHI HAZARIKA
         S/O- LATE BIDUT HAZARIKA, VILL- TAREAPUR, PS SILCHAR, DIST-
         CACHAR, ASSAM, PRESENT ADDRESS HENGRABARI, NEAR LP SCHOOL,
         PS DISPUR, DIST- KAMRUP METRO, ASSAM



         VERSUS

         BHIM YADAV 4 ORS.
         C/O- JAGDISH, R/O- 26 A, MEGARKHAT BARG, BARA, GHAZIPUR, HQ
         GHAZIPUR, UP, PIN- 233001

         2:VINOD KR. SINGH
          S/O. SHRINIWAS SINGH
         VILL.- SIRBAIPUR
          P/S. HAJPUR
          DIST. BUXAR
          BIHAR
          PIN-802101

         3:CHOLAMANDALAM M.S. GENERAL INSURANCE CO. LTD.
          G.S. ROAD
          ULUBARI
          GUWAHATI
          DIST. KAMRUP (M)
         ASSAM
          REP. BY ITS MANAGER
          REGD. OFFICE-DARE HOUSE
         SECOND FLOOR
          NO. 2 N.S.C. BOSE ROAD
          CHENNAI-600001.

         4:DAISY MONI KALITA
                                                                       Page No.# 2/3

           D/O. SRI KUL PRADIP KALITA
           R/O. H/NO. 2
           WARD NO. 51
           NIZARAPATH
           NEAR L.P. SCHOOL
           DISPUR
           GUWAHATI-06
           DIST. KAMRUP (M)
           ASSAM.

           5:ICICI LOMBARD GENERAL INS. CO. LTD.
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK
           TOWERS
            BANDRA KURLA COMPLEX
            MUMBAI-400051 AND BRANCH OFFICE AT KAMAKHYA TOWER
            3RD FLOOR
            OFFICE NO. 305/306
            G.S. ROAD
            GUWAHATI-05
            DIST. KAMRUP (M)
           ASSAM

For the Appellant(s)       : Mr. D.K. 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 19.02.2025 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati (hereinafter referred to as, "the learned Tribunal") in MAC Case No. 1583/2018 whereby an amount of Rs. 3,66,419/- along with interest at the rate of 9% per annum from the date of filing the claim petition till realization was awarded in favour of the appellant.

Page No.# 3/3

2. The learned counsel appearing on behalf of the appellant submitted that while arriving at the just and reasonable compensation, the learned Tribunal had erred in law in not taking into consideration the disability certificate. He therefore submitted that if the disability certificate would have been taken into consideration, the amount of compensation would have been much higher.

3. Taking into account the said ground of objection, the instant appeal is admitted.

4. Call for records.

5. The appellant is 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