Gauhati High Court
Page No.# 1/5 vs The Divisional Manager The New India ... on 28 October, 2025
Page No.# 1/5
GAHC010213492018
2025:GAU-AS:14350
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./957/2018
SRI PRANAB BHATTACHARYA
S/O LATE SURYA BHATTACHARYA,
PERMANENT R/O VILL. MAKHALI, P.O. GOPALTHAN, P.S. BELSOR,
DIST. NALBARI, ASSAM,
PRESENTLY RESIDING AT ASSAM ENGINEERING COLLEGE CAMPUS,
JALUKBARI, GUWAHATI, KAMRUP (M)
VERSUS
THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE COMPANY
LIMITED THE NEW INDIA ASSURANCE CO. LTD., G.D.O.-III, GUNHARI
MARKET, 2ND FLOOR, S.S. ROAD, FANCY BAZAR, GUWAHATI 781001,
DIST. KAMRUP (M), ASSAM.
Advocate for the Petitioner : MR. R PHUKAN, MR. R MAHANTA
Advocate for the Respondent : MRS. P M DUTTA (R-1), MS S MOCHAHARI,MR. S DUTTA,MR.
S DUTTA,MR. R C PAUL,MR. A DUTTA (R-1)
:::BEFORE:::
HON'BLE MR. JUSTICE BUDI HABUNG
Date of hearing: 23.10.2025
Date of Judgment: 28.10.2025
JUDGMENT & ORDER(CAV)
Heard Mr. R. Phukan, learned counsel for the appellant/ claimant. Also
heard Mr. Sidhant Dutta, learned counsel, appearing on behalf of the
respondent Insurance Company.
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2. This appeal under Section 173 of the Motor Vehicle Act, 1988, has been
preferred by the appellant/claimant challenging the judgment & award, dated
09.07.2018, passed by the learned Member, Motor Accident Claim Tribunal No.
2, Kamrup(M), Guwahati in MAC. Case No. 1662/2013, whereby, the learned
Tribunal awarded an amount of Rs. 1,27,160/- along with an interest at the
bank rate for Fixed Deposit from 03.11.2016, per annum, and in the event of
failure to make the payment within the stipulated time period; the
compensation amount shall bear an additional interest at the rate of 1% per
annum from the date of filing the claim petition in favour of the claimant.
3. The case of the claimant before the learned Tribunal was that on
02.08.2012, at about 2 p.m., while he was proceeding towards Jalukbari from
Bharalumukh side and on reaching Maligaon Gate No. 1, a Tata Truck bearing
Registration No. AS-01F-4924, being driven by the driver in a rash and
negligent manner, knocked him down, as a result, the claimant sustained
grievous injuries on his person. Immediately after the accident, the
injured/claimant was taken to Gauhati Medical College & Hospital, Guwahati,
for treatment and thereafter, he was admitted to Regional Dental College,
Guwahati, for his treatment and subsequently, he was admitted to MMCH,
Panbazar, Guwahati, where plastic surgery was also performed on him.
4. The claimant has asserted that the accident occurred due to rash and
negligent driving on the part of the driver of the offending vehicle. Further, at
the time of the accident, the claimant was serving in a Government
Department and was drawing a monthly salary of Rs. 22,386/- and that he
suffers permanent disability of defacement.
5. The Insurance Company contested the claim by filing a written statement
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denying the fact of the accident and the alleged negligence. The owner and
driver of the offending vehicle also filed their written statements denying rash
and negligent driving. However, the owner admitted that the offending vehicle
was duly insured and the driver possessed a valid driving license at the
relevant point of time. The owner of the offending vehicle contended that since
the vehicle was duly insured with the Insurance Company and the driver had a
valid driving license; the Insurance Company is liable to indemnify the award.
6. The case of the appellant/claimant is that he suffered grievous injuries
on account of the accident resulting in falling of two teeth and permanent
disfigurement of his face and that he incurred medical expenditure exceeding
Rs. 1 lakh as supported by documents/cash memos filed in the case. However,
the learned Tribunal without considering the cash memos, granted only Rs.
2,160/- towards his medical expenses, which, according to the
appellant/claimant is wholly inadequate. The appellant/claimant also prayed
for enhancement of the quantum of compensation under the head of pain and
suffering, transportation and nutritious diet.
7. During the hearing of this appeal, the learned counsel for the
appellant/claimant reiterated the above grounds for enhancement of the
quantum of compensation. The learned counsel for the respondent/Insurance
Company, on the other hand, did not dispute the occurrence of the accident
and the treatment received by the appellant/claimant and fairly submitted that
the medical expenses and other heads of compensation may be enhanced as
per the admissible bills and on consensus between the parties.
8. On such submissions, the parties were asked to work-out the admissible
bills on consensus. On a consensus between the learned counsels for the
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parties, this Court deems it appropriate to modify and enhance the award of
the learned Tribunal, as follows:
(i). Medical expenses:- enhanced from Rs. 2,162/- to Rs. 98,765/-;
(ii). Pain and suffering:- enhanced from Rs. 80,000/- to Rs. 1,50,000/-;
(iii). Transportation charges:- enhanced from Rs. 15,000/- to Rs.
20,000/-; and
(iv). Nutritious diet:- enhanced from Rs. 15,000/- to Rs. 30,000/-.
9. Thus, the appellant/claimant i.e. Sri Pranab Bhattacharya, would be
entitled to an amount of Rs. 2,98,765/- as compensation for the injuries
sustained by him. The rest of the award passed by the learned Tribunal shall
remain unaltered.
10. Accordingly, the total compensation amount stands enhanced to the
extent indicated above. The enhanced amount shall carry an interest at the
bank rate for Fixed Deposit from 03.11.2016, per annum, and in the event of
failure to make the payment within the stipulated time period; the
compensation amount shall bear an additional interest at the rate of 1% per
annum from the date of filing the claim petition in favour of the
appellant/claimant.
11. The Insurance Company is directed to deposit the enhanced amount as
indicated above before the learned Tribunal within a period of 6(six) weeks
from the date of receipt of a certified copy of this order for disbursement to
the appellant/claimant, in accordance with law.
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12. With the above modification, the instant appeal stands allowed and
accordingly, disposed of.
13. Remit the connected Trial Court records to the Office of the learned
Member, Motor Accident Claim Tribunal No. 2, Kamrup(M), Guwahati,
forthwith.
JUDGE
Comparing Assistant
