GAHC010219502017

2026:GAU-AS:576 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : MACApp./396/2017 THE ORIENTAL INSURANCE COMPANY LTD A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI REPRESENTED BY THE ASSTT. MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI-

781005 VERSUS MUSSTTRUSNA BEGUM LASKAR and 6 ORS W/O LATE TAJ UDDIN

2:MD. PERBEJ ALOM LASKAR S/O LATE TAJ UDDIN

3:MISS HASI BEGUM LASKAR D/O LATE TAJ UDDIN

4:MD. PERBEJ ALOM HABIB ALI @ MD. HABIB ALI LASKAR S/O LATE JAUGH ALI LASKAR 5:MACHUNGLONG RONGMEI VILL. DAKHIN MOHANPUR-VI P.O. KACHUDARAM P.S. SONAI DIST. CACHAR ASSAM PIN 788119 OWNER

6:MD. ANAMUL HAQUE LASKAR S/O M.R. LASKAR VILL. SATKARAKANDI PART-I P.O. SATKARAKANDI P.S. SONAI DIST. CACHAR ASSAM PIN 788013 DRIVE Advocate for the Petitioner : MR.S P SHARMA, MS.C MOZUMDAR,MS.R D MOZUMDAR Advocate for the Respondent : FOR CAVEATOR, MR. A SHAKIL (r-1,2,3),MR. R GOSWAMI,MR.M TALUKDAR (r-1,2,3),MRS. R RONGMEI (R6),MS. K L R YANTHAN (R6)

Linked Case : I.A.(Civil)/2638/2017 THE ORIENTAL INSURANCE COMPANY LTD A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT GUWAHATI G.S. ROAD ULUBARI GUWAHATI REPRESENTED BY THE ASSTT. MANAGER GAUHATI REGIONAL OFFICE ULUBARI GUWAHATI-781005 VERSUS MUSSTTRUSNA BEGUM LASKAR and 6 ORS W/O LATE TAJ UDDIN

2:MD. PERBEJ ALOM LASKAR S/O LATE TAJ UDDIN

3:MISS HASI BEGUM LASKAR D/O LATE TAJ UDDIN

4:MD. PERBEJ ALOM HABIB ALI @ MD. HABIB ALI LASKAR S/O LATE JAUGH ALI LASKAR 5:MACHUNGLONG RONGMEI VILL. DAKHIN MOHANPUR-VI P.O. KACHUDARAM P.S. SONAI DIST. CACHAR ASSAM PIN 788119 OWNER

6:MD. ANAMUL HAQUE LASKAR S/O M.R. LASKAR VILL. SATKARAKANDI PART-I P.O. SATKARAKANDI P.S. SONAI DIST. CACHAR ASSAM PIN 788013 DRIVER ------------

Advocate for : MR.S P SHARMA Advocate for : MR.M TALUKDAR appearing for MUSSTTRUSNA BEGUM LASKAR and 6 ORS :: BEFORE ::

(HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA)

Advocate(s) for the Appellants : Mrs. R.D. Mozumdar, Advocate.

Advocate(s) for the Respondent(s) : Mr. R. Goswami, Advocates.

Date on which judgment is reserved : 04.11.2025. Date of pronouncement of judgment : 20.01.2026.

Whether the pronouncement is of the operative part of the judgment? : YES.

Whether the full judgment has been pronounced? : YES.

JUDGMENT AND ORDER (CAV)

Heard Mrs. R.D. Mozumdar, the learned counsel representing the appellant Insurance Company as well as Mr. R. Goswami, the learned counsel appearing for the respondents.

2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment dated 16.02.2017 passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar in MAC Case No.1490/2010.

3. On 01.08.2010, the deceased Taj Uddin, aged about 30 years and was earning ₹5,000/- per month, going towards his house on foot. At about 9 P.M., when he reached N.R.E.P. Road, a Hero Honda Motorcycle bearing Registration No.AS-11-E-2365 knocked Taj Uddin from behind. He sustained serious injuries. He was immediately shifted to Silchar medical College & Hospital. On 21.08.2010, Taj Uddin succumbed injuries in the hospital.

4. A claim application was filed before the Tribunal seeking compensation.

5. The aforesaid motorcycle was driven by Machunglong Rongmei. In his written statement, he claimed to have a valid driving licence and a valid insurance policy.

6. The Insurance Company contested the claim petition by filing a written statement. The only material plea take by the Insurance Company is that the claimant had claimed an exhorbitant amount of compensation.

7. At the time of hearing, the claimants examined the claimant Musstt. Rusna Begum Laskar only. She exhibited some documents also. Exhibit-2 is the FIR and Exhibit-3 is the Medical Certificate of cause of death issued by Silchar Medical College and Hospital, Silchar. In Ext.3 it was mentioned that the deceased Taj Uddin died because of septicemia following infections of the wounds sustained during his lifetime.

8. The Tribunal held that the