GUWAHATI, India, June 23 -- Gauhati High Court issued the following order on May 23:

1. Heard Mr. R Goswami, the learned counsel appearing on behalf of the appellant. Mr. AN Iqbal, the learned counsel appears on behalf of the respondent Nos.1, 2 and 3, who are the claimants.

2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 17.03.2025 passed MAC Case No.1886/2020.

3. The instant appeal is being taken up at the stage of Order XLI, Rule 11 of the Code.

4. The grounds of objection so taken in the instant appeal as submitted by Mr. R Goswami, the learned counsel for the appellant is that the income of the deceased was not proved and as such, the learned Tribunal had erred in arriving at the figure of Rs.13000/- to be the monthly income of the deceased was erroneous and liable to be interfered with.

5. Taking into account the said grounds of objection which is in relation to the quantum, this Court had taken up the instant appeal for disposal on the basis of the materials which are already available on record.

6. The brief facts which led to the filing of the instant appeal are that on 21.11.2020 at around 7:30 P.M., the deceased, namely Abdul Wahid, was proceeding from the Lumding side towards Lanka side by driving his own TATA Spacio bearing Registration No. AS-01-AD-7239. On the way at Chakma Tilla on NH54 under Lumding Police Station, a Scorpio bearing Registration No. AS-02- AB-4195 coming from the opposite direction being driven by its driver in a very rash and negligent manner had knocked down the TATA Spacio vehicle from the wrong side resulting in grievous injuries to the husband of the claimant No.1, resulting in grievous injuries and he subsequently succumbed to his injuries. On the basis thereof, the Lumding Police Station Case No.227/2020 was registered under Sections 279/304(A) of the Indian Penal Code against the driver of the vehicle bearing Registration No. AS-02-AB-4195. Thereupon the claim proceedings was instituted, which was registered and numbered as MAC Case No.1886/2020.

7. Notices were duly issued to all the opposite parties in the said proceedings. It is seen from the impugned judgment that the appellant herein, who was opposite party No.3 had filed his written statement and pleaded that the claim proceedings was not maintainable either on facts or in law. Further to that various preliminary objections were taken as regards the maintainability of the claim proceedings.

8. In the said written statement, the appellant had duly acknowledged that the issuance of the policy in respect to the vehicle bearing Registration No. AS02-AB-4195, which is the offending vehicle, but denied the maintainability of the claim proceedings under Section 166 of the Motor Vehicles Act 1988.

9. On the basis of the pleadings, the learned Tribunal had framed two issues which are reproduced hereinunder:

1. Whether the victim Abdul Wahid died in the alleged road accident dated 21.11.2020 involving the vehicle No. AS-02-AB-4195 (scorpio) and whether the said accident took place due to rash and negligent driving of the driver of the offending vehicle?

2. Whether the claimants are entitled to get any compensation and if yes, to what extent and by whom amongst the opposite parties, the said compensation amount will be payable?

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x2m6yybhwEzz8KmjMPvh8wgBoE5Q7K6AoaRpGa6Qo1p8&caseno=MACApp./202/2025&cCode=1&cino=GAHC010105722025&state_code=6&appFlag=)

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