Cholamandalam M/S. General Insurance ... vs Sameer Bharadwaj And 4 Ors
2025 Latest Caselaw 651 Gua

Gauhati High Court

Cholamandalam M/S. General Insurance ... vs Sameer Bharadwaj And 4 Ors on 16 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                    Page No.# 1/3

GAHC010089222025




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

                         Case No. : MACApp./173/2025

         CHOLAMANDALAM M/S. GENERAL INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT SHAW WALLACE
         BUILDING NEW NO. 319, OLD NO. 154, 2ND FLOOR, THAMBU CHETTY,
         CHENNAUI, PIN-600001, INDIA, ITS ZONAL OFFICE NO. 201 AND 202 L AND
         T CHAMBERS, 2ND FLOOR, 16 CAMAC STREET, KOLKATA-700017 AND ITS
         GUWAHATI REGIONAL OFFICE AT 4TH FLOOR, AASTHA PLAZA, BORA
         SERVICE, G.S. ROAD, GUWAHATI, KAMRUP (M), ASSAM, PIN-781007 REP.
         BY THE DEPUTY MANAGER LEGAL CLAIMS OF GUWAHATI REGIONAL
         OFFICE, GUWAHATI, ASSAM

         VERSUS

         SAMEER BHARADWAJ AND 4 ORS.
         S/O. SRI PRABODH LAL DAS

         2:ISHANY BHARADWAJ
          S/O. SRI PRABODH LAL DAS

         3:PRABODH LAL DAS
          S/O. HALADHAR DAS
         ALL ARE R/O. GAYANTOLA
          P/S. HAJO
          DIST. KAMRUP
         ASSAM
          PIN-781102
         RESPONDENT NO. 1 AND 2 ARE REP. BY RESPONDENT NO. 3.

         4:BABUL HUSSAIN
          S/O. LT. LALAM CHANA ALI
          R/O. UKURA
          P/S. HAJO
          P/O. HAJO
          KAMRUP
         ASSAM-781102.
                                                                        Page No.# 2/3


            5:RINKU AHMED
             S/O. MD. ALI HUSSAIN
             R/O. RAJABAZAR
             P/O. KALITAKUCHI
             P/S. HAJO
             DIST. KAMRUP
            ASSAM-781102

      For the Appellant(s)          : Mr. T. Kalita, Advocate

      For the Respondent(s)         : None appears.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 16.05.2025

This is appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 04.02.2025 passed in MAC Case No.2328/2021 by the Motor Accident Claims Tribunal No.2, Kamrup (M) at Guwahati whereby an amount of Rs.64,05,897.60/- was awarded along with interest @9% per annum from the date of filing of the case i.e. 30.12.2021.

2. The learned counsel for the appellant submitted that taking into account that the deceased concerned had died in harness while serving as an Assistant Teacher of Kushaboi L.P. School, Hajo, she would be entitled to the benefits under the provisions of the Compassionate Family Pension Scheme, 2017 of the Government of Assam and this very aspect was not taken into consideration while passing the judgment and award passed by the learned Tribunal.

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

4. Call for the records.

5. Steps be taken upon the respondents by way of Registered Post with A/D as well as through usual process within 3 (days).

6. List this matter on 16.06.2025.

JUDGE

Comparing Assistant