CHOLAMANDALAM MS GENERAL INSURANCE CO LTD v. MINU BAURI AND 4 ORS
MACApp./532/2025 · 2025-11-27
Parthivjyoti Saikia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26181 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26181 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010165902024
2025:GAU-AS:16268
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./532/2025 CHOLAMANDALAM MS GENERAL INSURANCE CO LTD HAVING ITS BRANCH OFFICE AT AASTHA PLAZA, OPPOSITE OF S.B. DEORAH COLLEGE, 4TH FLOOR, BORA SERVICE, GUWAHATI, DIST. KAMRUP (M), ASSAM.(REPRESENTED BY IT'S DEPUTY MANAGER, MR. SABIR AHMED CHOUDHURY). VERSUS MINU BAURI AND 4 ORS W/O. OF LT. BIKI BAURI 2:AROTI BAWRI D/O. LT. BIKI BAUKI 3:PABITRA BAURI S/O. LT. BIKI BAURI ALL ARE RESIDENT OF VILLAGE BALIJAN PURANA LINE P.S. DERGAON DIST. GOLAGHAT ASSAM PIN-785614 4:UPENDRA SAHANI S/O. LABATRI SAHANI R/O.VILLAGE- DAKHIN DALIJALIA P.O. DERGAON DIST. GOLAGHAT ASSAM PIN-785614. 5:RAM BABU SAHANI S/O. UPENDRA SAHANI
Page No.# 2/3 R/O. VILLAGE- DAKHIN DALIJALIA P.O. DERGAON DIST. GOLAGHAT ASSAM PIN-785614 Advocate for the Petitioner : MR. A BHATTACHARYYA, Advocate for the Respondent : MR. N. DEBNATH(R-1,2,3),
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 28.11.2025
1. Heard Mr. A. Bhattacharyya, learned counsel for the appellant. Also heard Mr. N. Debnath, learned counsel for the respondent Nos.1, 2 and 3. 2. This Appeal has been filed on a very short point. The Tribunal held that according to the notification dated 16.12.2021 published by the Government of Assam, Office of the Labour Commissioner, the minimum income of the deceased was held (Semi skilled workman) at Rs.11,316.36/- Per month. Today, learned counsels for both the sides have agreed that according to the said notification, the amount should have been Rs.10,744.30/- per month. 3. Moreover, the Tribunal awarded 9% interest over the compensation amount, but both the sides have agreed that the interest should have been 6% per annum over the total amount of compensation. 4. Therefore, the calculation should be: Total Monthly Income Rs.10,744.30/-
Total Annual Net Income Rs. = 1,28,931.60(10,744.30 x 12)
Future Prospect @ 40% Rs. = 1,28,931.60 × 40÷100 Rs. = 51,572.64/-
Total Yearly Income Rs. =1,80,504.24/-
Page No.# 3/3 Deduction 1/3 Rs. = 1,80,504.24 ÷3×2 Rs. = 1,20,336.16/-
Multiplier =17
Total Compensation = 1,20,336.16 x 17 Rs. = 20,45,714.72/-
Conventional Heads
Rs. = 1,81,500.00/- Rs. = 22,27,214.72/- + 6% Interest From the date of filing till realization
5. Therefore, the respondent Nos.1, 2 and 3 shall be entitled to Rs.22,27,214.72/- with interest @ 6% PA from the date of filing of the application till realization. 6.
The Insurance Company shall deposit the said amount before the learned Motor Accident Claims Tribunal No.2, Kamrup (Metro) at Guwahati within next 6 (six) weeks. After deposit of the said amount, the claimant shall be at liberty to withdraw the same, without any rider. 7. The statutory deposit of Rs.25,000/- shall be returned to the Insurance Company. 8. With the aforesaid direction, this MAC Appeal stands disposed of. JUDGE Comparing Assistant