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2025 Supreme(Online)(Gau) 2232
GAUHATI HIGH COURT
MR. JUSTICE DEVASHIS BARUAH, J
CHOLAMANDALAM M/S. GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
SAMEER BHARADWAJ AND 4 ORS – Respondent
MACApp./173/2025
For the Appellants/Petitioners: Mr. T. Kalita
For the Respondents: None appears
The entitlement to compassionate family pension benefits under specific Government schemes must be considered in awards following wrongful death claims under motor vehicle laws.
Headnote:This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment dated 04.02.2025 passed in MAC Case No.2328/2021, where an award of Rs.64,05,897.60 with 9% interest per annum was made from 30.12.2021. The appellant contends that the deceased, an Assistant Teacher, is entitled to benefits under the Compassionate Family Pension Scheme, 2017, which was overlooked by the Tribunal. The court admits the appeal for further proceedings.
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.
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.
