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2025 Supreme(Online)(Gau) 7980

HIGH COURT OF GAUHATI
MR. JUSTICE BUDI HABUNG
ICICI LOMBARD GENERAL INSURANCE COMPANY LTD – Appellant
Versus
MRS. HUNPAHI AHOM and 3 ORS – Respondent


3. The respondent no. 1/claimant filed a case under Section 166 of the Motor Vehicle Act, 1988, before the learned Member, MACT, Dibrugarh, claiming compensation for the death of their son. On completion of the trail, the learned MACT, Dibrugarh by judgment and order dated 29.11.2014, awarded a total amount of Rs. 12,70,000/-

with 6% interest per annum.

4. Aggrieved and dissatisfied with the impugned judgement and award dated 29.11.2014, the appellant preferred the present appeal on the following grounds: -

a) That the learned Member, MACT, Dibrugarh failed to consider that the deceased was only 22 years old and was a small shopkeeper in a small locality. Although the claimant/ respondent claimed that the income of the deceased was Rs. 15,000/- per month, and filed income tax return in support of the same, the authenticity of the Income Tax return was categorically denied by theopposite party.It was therefore necessary for the claimant to prove the income of the deceased by examining the author of the document on the basis of which the income was considered as Rs. 15,000/- per month.

b) That the observation of the learned Member, MACT, Dibrugarh that even thought the income certificate

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