Page No.# 1/2 vs The Legal Manager
2025 Latest Caselaw 8404 Gua

Gauhati High Court

Page No.# 1/2 vs The Legal Manager on 10 November, 2025

                                                                             Page No.# 1/2

GAHC010223202025




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

                                Case No. : MACApp./503/2025

            RAHIMA BIBI AND 3 ORS.
            W/O. ABED ALI KHAN

            2: HAIDAR ALI
             S/O. ABED ALI KHAN

            3: MOFIDA BEGUM
            W/O. HAIDAR ALI

            4: MOHIDUL ALI
             S/O. HAIDAR ALI
             MINOR REP. BY APPELLANT NO. 2
            ALL ARE R/O. VILL KARAITOLA
             P.O AND P.S.- FAKIRAGRAM
             DIST.KOKRAJHAR
            ASSAM-78334

            VERSUS

            THE LEGAL MANAGER, ICICI LOMBARD GENERAL INSURANCE COM LTD
            AND ANR.
            ICICI LOMBARD HOUSE 414, VEER SAVAKAR MARG, NEAR SIDDI
            VINAYAK TEMPLE, MUMBAI -400025, THE LEGAL MANAGER, ICICI
            LOMBARD GENERAL INSURANCE COMPANY LTD. MADHAB TOWER, 3RD
            FLOOR, G.S. ROAD, RUKMINIGAON, GUWAHATI-781022

            2:SOBAHAN ALI
             S/O. KASHEM ALI
             R/O. VILL.- KARAITOLA
             P.O. AND P.S.- FAKIRAGRAM
             DIST.- KOKRAJHAR
            ASSAM. PIN-783345

Advocate for the Petitioner   : MR. P S BISWAS, MS. R DEVI,MR. S C BISWAS,MS. K L R
                                                                          Page No.# 2/2

YANTHAN,MS. U NANDA,P SHARMA,MS. J GHOSH

Advocate for the Respondent : ,




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                      ORDER

Date : --10.11.2025

Heard Mr. S.C. Biswas, the learned counsel for the appellants.

This is an appeal u/s 173 of M.V. Act, 1988 against the impugned Judgment & Award dated 08.08.2025 passed by the learned Member, MACT, Chirang in MAC Case No. 35/2024 praying for enhancement of the quantum of the awarded compensation.

It is submitted by Mr. Biswas that while assessing the award the learned Member, MACT did not consider the loss of Filial as per direction of Hon'ble Supreme Court passed in case of Magma General Insurance Co. Ltd. It is further submitted that the future prospect was also not considered by the learned Court below while assessing the award.

Appeal is admitted.

Call for the scanned copy of the TCR.

Issue Notice to the respondents through usual process and through Speed Post.

List the matter accordingly after 4 (four) weeks, as on a date to be fixed by the Registry.

JUDGE Comparing Assistant