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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SUSMITA PHUKAN KHAUND
HDFC Ergo General Insurance Co. Ltd – Appellant
Versus
Musstt Anowara Begum W/O Abdul Ali – Respondent
| Table of Content |
|---|
| 1. claimants' factual background established. (Para 2 , 3) |
| 2. insurer's argument on maintainability emphasized. (Para 4 , 5) |
| 3. trial court's points for determination outlined. (Para 6 , 7) |
| 4. court established incident as negligence. (Para 8) |
| 5. insurer's appeal on dependency and compensation issues. (Para 9 , 10) |
| 6. owner's position disputed and right to contest affirmed. (Para 11 , 12) |
| 7. arguments on adequacy of compensation discussed. (Para 19 , 21) |
| 8. no new evidence presented; dependency questioned. (Para 22 , 24) |
| 9. tribunal's decision upheld; appeal denied. (Para 26 , 29) |
| 10. final dismissal of the appeal and directions given. (Para 28 , 30) |
JUDGMENT AND ORDER (CAV)
SUSMITA PHUKAN KHAUND, J.
1. Heard learned counsel, Mr. R. Goswami for the appellant/Insurer. Also heard learned counsel Mr. M. Khan for respondent Nos.1 & 2/claimants, and learned counselMr. S. K. Poddar for respondent No. 3 (owner).
2. The MAC appeal No.385/2016 and CO No. 6/2024 are decided through this common judgment as both the analogous cases arise out of the same cause of action. The claimants in this case are M. Anowara Begum and M. Asma Khatun, whereas the respondents in this case are HDFC ERGO Gen
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