Page No.# 1/3 GAHC010125102025 2025:GAU-AS:8188 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./261/2025 KULIT EKKA AND ANR. S/O. SRI KULIT EKKA. 2: KRITISH EKKA S/O. SRI KULIT EKKA AND LT. JASPINA EKKA BOTH ARE R/O. VILL.- RANGIHORA P/O. KUNGKRAJHORA P/S. AMGURI DIST. CHIRANG ASSAM PIN-783393 THE CLAIMANTS ARE THE HUSBAND AND SON OF THE DECEASED WOMAN NAMELY LT. JASPINA EKKA CLAIMANT NO. 2 IS MINOR AND REP. BY CLAIMANTS NO. 1 FATHER OF THE CLAIMANT NO. VERSUS THE LEGAL MANGER, HDFC ERGO GENERAL INSURANCE COMPANY LTD. AND ANR. 6TH FLOOR, ADITYAM BUILDING, LACHIT NAGAR, G.S. ROAD, GUWAHATI, ASSAM, PIN-781007. 2:DAMINI EKKA D/O. JHONBOX EKKA R/O. VILL.- MAGURMARI P/O. MAGURMARI P/O. MAGURMARI P/S. AND DIST. KOKRAJHAR ASSAM PIN-78337 Page No.# 2/3 For the petitioner (s) : Mr. S. C. Biswas, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 18.06.2025 Heard Mr. S. C. Biswas, the learned counsel appearing on behalf of the appellants. 2. This is an Appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment dated 05.04.2025 passed in MAC (Death) Case No.24/2023 whereby the learned Motor Accident Claims Tribunal, Chirang, Kajalgaon had dismissed the said proceedings on the ground that the deceased who was a pillion rider would not be entitled to compensation. It is seen that the learned Tribunal had relied upon the judgment of the Supreme Court in the case of Oriental Insurance Co. Ltd. vs. Sudhakaran K.V., reported in 2008 4 Supreme 339. 3. This Court having taken into account the materials on record and the facts is of the opinion that the learned Tribunal was justified in rejecting the said claim proceedings. Page No.# 3/3 4. Accordingly, this Court does not find any ground to interfere with the said judgment dated 05.04.2025. 5. Before parting with the record, this Court however observes taking into account the insurance policy issued by the HDFC ERGO General Insurance Company Limited in respect to the motorcycle bearing registration No.AS-26D-5329 covered personal accident for both the owner as well as the unnamed person and due premium has been paid, the appellants herein, if so advised, can approach the HDFC ERGO General Insurance Company Limited seeking compensation in terms with the personal accident cover so taken. 6. The period during which the proceedings before the learned Tribunal has been pending till date, be excluded while making such claims. 7. With the above, the instant Appeal stands disposed of. JUDGE Comparing Assistant