GAHC020001572024 2026:GAU-NL:281 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

KOHIMA BENCH Case No. : MACApp./1/2024 THE BRANCH MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.

ASTHA PLZA COMPLEX, 7TH FLOOR, OPPOSITE S.D. DEORAH COLLEGE, BORA SERVICE, ULLUBARI, GUWAHATI-781007 ASSAM VERSUS SHRI RUPJYOTI LEKHARU AND 5 ORS S/O LT. BISHEWAR LEKHARU R/O TUENSANG TOWN, NAGALAND

2:SHRI PRABIN LEKHARU S/O LT. BISHEWAR LEKHARU R/O TUENSANG TOWN

3:SHRI SABIN LEKHARU S/O LT BISHEWAR LEKHARU R/O TUENSANG TOWN

4:SMTI. RINA LEKHARU WIFE OF LT. BISHEWAR LEKHARU R/O TUENSANG TOWN

5:MS SANTI HORO C/O LT. LUKA HORO VILLAGE BHARALUWA P.O. DOLOHAT P.S. NORTH LAKHIMPUR DIST- LAKHIMPUR ASSAM

6:SHRI DIPANKAR HAZARIKA S/O SHRI TILESWAR HAZARIKA R/O LOTHOW PATHAR P.O. NOWBOICHA P.S. NORTH LAKHIMPUR LAKHIMPUR ASSAM Advocate for the Petitioner : LICHANI MURRY, TAKA KICHU,M SOLO Advocate for the Respondent : B. N. SARMAH, IMTIWAPANG,NONGOSA BEFORE HON’BLE MRS. JUSTICE YARENJUNGLA LONGKUMER Advocates for the appellant : Mr. Taka Kichu, ADV Advocate for the respondents : Mr. B.N. Sarmah, ADV Date on which judgment is reserved : 18.05.2026 Date of pronouncement of judgment : 21.05.2026 Whether the pronouncement is of the operative part of the judgment : Full judgment.

Whether the full judgment has been pronounced : Yes.

JUDGEMENT AND ORDER (CAV)

The instant Appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed against the judgment and award dated 24.01.2023 passed by the learned Motor Accident Claims Tribunal, Tuensang, Nagaland, in MAC Case No. 03/2021 by which the appellant was directed to pay an amount of Rs.59,07,081/- along with interest at 7.5% per annum from the date of filing the claim petition. The appellant herein is the Cholamandalam MS General Insurance Company Limited.

2. Before going into the merit of the case, the facts leading to the claim of the respondents/claimant is set out in brief. On 10.01.2020 while the deceased was waiting on the road side of NH 15 near Sonapur High School, the offending vehicle bearing registration No. AS-07-AC/6442 being driven at high speed and in a reckless manner coming from North Lakhimpur side towards Laluk knocked down the standing deceased with great force. Resultantly, the deceased sustained grievous injuries and succumed to his injuries on 11.01.2020 while taking treatment at Dibrugarh. The wife and children of the deceased filed the claim petition against the respondents claiming compensation jointly and severally.

3. The insurer/appellant was impleaded as respondent No. 3 and contested the claim petition, denying the liability to pay the compensation. To establish the cause of the accident as rash and negligent driving, the claimants deposed before the learned tribunal and exhibited the chargesheet with regard to the accident that occurred on 10.01.2020. The appellant did not examine any witness. The tribunal on consideration of the entire matter and finding all relevant documents pertaining to the offending vehicle to be valid at the time of the accident granted compensation as stated hereinabove.

4. Heard Mr. Taka Kichu, learned counsel for the appellant. Also heard Mr. B.N.

Sarmah, learned counsel for the claimant/respondents.

5. Before this Court, the learned counsel for the appellant submits that all the sons of the deceased had attained majority as they are 38 years, 35 years and 20 years respectively, and as such, the deduction of 1/3 should have been made while calculating the compensation. Another ground which the appellant had taken is that the I.O of the case was not examined and therefore, the rash and negligent driving of the driver of offending vehicle was not proved. The learned counsel submits that the Tribunal should have at least considered the average income basing on the salary slip of the deceased. In view of the above submissions, the learned counsel prays that the impugned judgment and order dated 24.01.2023 passed in MAC Case No. 0