Guwahati Court December 1988 Judgments
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The New India Assurance Co. Ltd. Vs. Padumi Konwar and ors.
Court: Guwahati
Decided on: Dec-19-1988
J.M. Srivastava, J.1. The New India Assurance Company Ltd. has come in appeal against the order dated 8-6-81 passed by the learned Member, Motor Accident Claims Tribunal, North Lakhimpur, whereby the petitioner's application under Rule 13 of Order IX of the Code of Civil Procedure was rejected. The respondent No. 1 in this appeal, had filed petition for compensation for the death of her husband in a motor accident on 21-12-69. In the said claim petition M/s. Howrah Insurance Company as insurer was also arrayed as opposite party. During the pendency of the claim petition with effect from 1-1-74, the Howrah Insurance Company merged with the New India Assurance Company Ltd., the present appellant. Even though M/s. Howrah Insurance Company had put in appearance in the motor accident claim case, after the merger with effect from 1-1-74, it appears that none appeared in the case and finally on 10-1-79 ex-parte award was made. The present appellant then applied for setting aside the ex- awar...
Muktinath Das Vs. Smt. Brinda Das
Court: Guwahati
Decided on: Dec-05-1988
R.K. Manisana, J. 1. This appeal arises from the decree of the District Judge Jorhat passed in MA No. 2 of1977 dismissing the appeal from the decree passed by the Assistant District Judge Jorhat in MS No 42 of 1971 decreeing a sum of Rs. 7,137.38 in favour of the plaintiff-respondent. 2. The first question which arises for consideration is whether the District Judge has illegally rejected the application for condonation of delay in filing the appeal. There was a delay of 12 days in fifing the appeal. After the conclusion of the argument, 31-5-78 was fixed for judgment The appellant filed an application on 29-5-78 under Section 5 of the Indian Limitation Act for condoning the delay. The lower appellate Court rejected the application on the following grounds. When the appeal was registered, it was specifically mentioned in the order sheet that the appeal was barred by limitation. Therefore, on 25-7-77, after hearing the appellant's advocate, the appeal was admitted subject to the que...
New India Assurance Co. Ltd. Vs. Sangey Tsering and anr.
Court: Guwahati
Decided on: Dec-01-1988
B.L. Hansaria, J.1. The Only question to be decided in this appeal relates to the, quantum of compensation payable to the 'respondent No. 1 who is the father of Droma who Was aged about 7 years when she met her death in a motor accident. A claim, of Rs. 1,00,000.00 Was advanced and the learned Tribunal has awarded a sum of Rs. 50,000/-.2. It is contended by Shri Choudhuri for the appellant that compensation, of Rs. 50,000/- on account Of an estirnated pecuniary loss sustained by the father of Droma is excessive. In support of this submission, Shri Choudhuri has relied, on a large number of decisions. At first he has referred; to State of Assam v. Nalini Kantd , in which a bench of this Court scaled down the compensation from Rs. 30,000.00 to Rs. 10,000/- awarded for death of a girl aged about 15/16 years. The learned Counsel has then drawn my attention to a number of decisions of the years 1977 to 1984 Wherein different , High Courts of the country had awarded, a sum varying from Rs, ...
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