Remanded

New India Assurance Company Ltd. v. Anowara Khanam and 2 Ors.

Gauhati HC4 Aug 2022MACApp./60/2019

Case brief

AI extract

What is this about?

The High Court set aside a trial court judgment awarding compensation without medical evidence of loss of memory. The case was remanded for examination of a neurosurgeon to prove the injury, with a two-month deadline for disposal from the rehearing date.

What did the court decide?

The impugned judgment dated 07.10.2016 is set aside. The case is remanded for evidence of a neurosurgeon to be recorded within two months. LCR and Statutory Deposit of Rs. 25,000/- returned to appella

New India Assurance Company Ltd. Vs Anowara Khanam and 2 Ors. — Insurance | Gauhati HC (2022)

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GAHC010003232017

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : MACApp./60/2019

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NEW INDIA ASSURANCE COMPANY LTD.

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HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD, FORT MUMBAI 400001 AND REGIONAL OFFICE AT G.S. ROAD, GUWAHATI-5, REPRESENTED BY THE CHIEF REGIONAL MANAGER

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VERSUS

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ANOWARA KHANAM and 2 ORS W/O SAIB UDDIN

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2:SIAB UDDIN

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SO ABDUL MANNAN BOTH ARE R/O VILL. DIMPUR P.O. BISHNU NAGAR P.S. and DIST. KARIMGANJ ASSAM 78878

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Advocate for the Petitioner : MR. S DUTTA

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Advocate for the Respondent : MR. S C BISWAS

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Linked Case : I.A.(Civil)/355/2019

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NEW INDIA ASSURANCE COMPANY LTD

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HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD

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Page No.# 2/4

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FORT MUMBAI 400001 AND REGIONAL OFFICE AT G.S. ROAD GUWAHATI-5 REPRESENTED BY THE CHIEF REGIONAL MANAGER

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VERSUS ANOWARA KHANAM and 2 ORS W/O SAIB UDDIN 2:SIAB UDDIN SO ABDUL MANNAN BOTH ARE R/O VILL. DIMPUR P.O. BISHNU NAGAR P.S. and DIST. KARIMGANJ ASSAM 788781 3:ABDUL HUSSAIN S/O ABDUL NOOR VILL. MEDAL PART-II P.S. KARIMGANJ P.O. KANISHAIL DIST. KARIMGANJ ASSAM PIN 788711 -----------Advocate for : MR. S DUTTA Advocate for : MR. S C BISWAS appearing for ANOWARA KHANAM and 2 ORS

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 04.08.2022

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Heard Mr. S. Dutta, learned senior counsel appearing for the Insurance/appellant. Also heard Mr. S. C. Biswas, learned counsel appearing on behalf of the claimant Nos. 1 & 2.

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The appellant has prayed for setting aside the Judgment dated 07.10.2016 passed by the Court of Additional District Judge (FTC), Karimganj in MAC Case No. 09/2013, on the ground that despite no Doctor having been examined as a witness by the learned Trial Court,

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Page No.# 3/4

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the learned Trial Court has awarded compensation by coming to a finding that the claimant No.2 has lost his memory, which in turn affected his earning capacity.

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The learned counsel for the appellant submits that in the absence of the evidence of a medical professional to prove that the claimant suffered from any medical injury, the learned Trial Court could not have come to a finding that the claimant No.2 had suffered a loss in his earning capacity and awarded Rs. 16,95,600/- as compensation, alongwith interest at the rate of 6% per annum, from the date of filing of the claim petition i.e., 03.02.2013 till payment.

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The learned counsel for the appellant thus prays that the matter may be remanded back so that the Doctor (Neurosurgeon) can be examined by the learned Trial Court, to prove the injury that had apparently befallen the claimant No.2/respondent No.2

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Mr. S. C. Biswas, learned counsel for the respondent nos. 1 & 2 submits that he has got no objection to the prayer made by the learned counsel for the appellant for fair assessment of the compensation amount. He however submits that a time frame may be made by this Court, in which period the learned Trial Court should dispose of MAC Case No. 09/2013.

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In view of the consent of the learned counsels for parties, the case is remanded back to the learned Trial Court, to enable the Court to record the evidence of the Doctor (Neurosurgeon), to prove the injury sustained by the claimant No.2 in the vehicular accident.

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The counsels for the parties are hereby informed to appear before the learned Trial Court on 05.09.2022.

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The learned Trial Court shall thereafter record the evidence of the Doctor (Neurosurgeon) and dispose of the case, within a period of two months, to be counted from 05.09.2022.

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1. Consequently, the impugned Judgment dated 07.10.2016 passed in MAC Case No.

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09/2013 is hereby set aside.

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1. LCR be returned back, immediately.

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1. The Statutory Deposit of Rs. 25,000/- should be returned back to the appellant.

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1. The appeal is accordingly disposed of.

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JUDGE

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Comparing Assistant

New India Assurance Company Ltd. v. Anowara Khanam and 2 Ors.

Case brief

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New India Assurance Company Ltd. v. Anowara Khanam and 2 Ors.

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