Suchila Bhuyan vs Ashish Kumar And Anr
2025 Latest Caselaw 5164 Gua

Gauhati High Court

Suchila Bhuyan vs Ashish Kumar And Anr on 30 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                     Page No.# 1/2

GAHC010215472024




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

                           Case No. : MACApp./221/2025

          SUCHILA BHUYAN
          W/O. LT. UMESH CHANDRA BHUYAN, R/O. CHOWKHAMTING, P/S.
          SILAPATHAR, DIST. DHEMAJI, ASSAM.



          VERSUS

          ASHISH KUMAR AND ANR
          S/O. SHRI ROOP SINGH, R/O. T-6, MES COMPLEX, PATHROTA ITARSHI,
          HOSHANGABAND, MADHYA PRADESH.

          2:TATA AIG GENERAL INSURANCE CO. LTD.
           3RD MAYUR GARDEN
           OPP. HDFC BANK
           G.S. ROAD
           GUWAHATI
          ASSAM


Advocate for the appellant(s): Mr. U Saikia


Advocate for the respondent(s):


                                  BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH
                                    ORDER

30.05.2025 Heard Mr. U Saikia, the learned counsel appearing on behalf of the Page No.# 2/2

appellant.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the impugned judgment and order dated 05.07.2024 passed by the learned Member, Motor Accident Claims Tribunal Dhemaji in MAC Case No.20/2021.

3. The sole ground of objection taken in the instant appeal is that the deceased was a retired Teacher and he was drawing a monthly pension of Rs.31,839/-. The learned counsel for the appellant submitted that on the ground that the claimant would be entitled to family pension no amount was awarded on account of compensation without taking into account that the amount to be paid as family pension would be much less compared to the monthly pension earned by an pensioner.

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

5. Call for the records.

6. Steps for service of notice upon the respondents by way of registered post with A/D within 3(three) days from today.

7. List the appeal after completion of service and on receipt of the LCR.

JUDGE

Comparing Assistant