Page No.# 1/5 GAHC010199892019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./514/2019 THE NATIONAL INSURANCE COMPANY LIMITED REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA- 700071, REP BY THE MANAGER, GAUHATI REGIONAL OFFICE, BHANGAGARH, GUWAHATI-781005 VERSUS TAMSER ALI MONDAL AND 4 ORS S/O KERAMAT ALI, R/O VILL. ANANDA NAGAR, P.O. AND P.S. BILASIPAR, DIST. DHUBRI, ASSAM, PIN-783348 2:AMINA KHATUN D/O SAJAHAN ALI R/O VILL. GUTIPARA PT. II P.O. GUTIPARA P.S. BILASIPAR DIST. DHUBRI ASSAM PIN-783349 PRESENTLY RESIDING AT VILL. ANANDA NAGAR P.O. AND P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-783348(RESPONDENT NO. 2 BEING A MINOR IS REP. BY THE RESPONDENT NO. 1) 3:SAJAHAN ALI (OWNER) S/O JAYAN ALI SK R/O VILL. GUTIPARA PT. II P.O. GUTIPARA P.S. BILASIPAR DIST. DHUBRI Page No.# 2/5 ASSAM PIN-783349 5:RUPSAN ALI SHEIKH (INSURED) S/O LT. B. ALI SHEIKH R/O BELTOLI P.O. HAKAMA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-78334 Advocate for the Petitioner : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR Advocate for the Respondent : MR. A T SARKAR, MD. A. RASHID,MR. M HUSSAIN Linked Case : MACApp./592/2019 TAMSER ALI MONDAL AND ANR S/O. KERAMAT ALI VILL. ANANDA NAGAR P.O. BILASIPARA P.S. BILASIPARA DIST. DHUBRI ASSAM. 2: AMINA KHATUN D/O. SAJAHAN ALI VILL. GUTIPARA PT-II P.O. GUTIPARA P.S. BILASIPARA DIST. DHUBRI ASSAM PRESENTLY RESIDING AT VILL. ANANDA NAGAR P.O. AND P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-783348 BEING MINOR REP. BY PETITIONER NO.1. VERSUS THE REGIONAL MANAGER NATIONAL INSURANCE CO. LTD. AND 2 ORS NATIONAL INS. CO. LTD. BHANGAGARH GUWAHATI-05. Page No.# 3/5 2:SAHAJAHAN ALI S/O. JAYAN ALI SK VILL. GUTIPARA PT. II P.O. GUTIPARA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-783349 (OWNER). ------------ Advocate for : MR. M HUSSAIN Advocate for : A A AHMED (r-2) appearing for THE REGIONAL MANAGER NATIONAL INSURANCE CO. LTD. AND 2 ORS BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 22.09.2026 1. Heard Ms. R. D. Mozumdar, the learned counsel for the appellant. Also heard learned counsel, Mr. A. T. Sarkar, the learned counsel for the claimant respondent Nos. 1 and 2. 2. This appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by National Insurance Company Limited against the impugned judgment dated 20.05.2019 passed by the learned MACT No. 3, Kamrup, Guwahati in MACT Case No. 1330/2016. 3. The instant appeal has been preferred mainly on the ground that the owner of the offending vehicle was the father of the claimants and husband of the deceased, and therefore, the deceased and the claimants are not third party as against the owner of the vehicle. The appellant, therefore, states that the Insurance Company is not liable to pay any compensation to the claimants. Page No.# 4/5 4. Another ground taken by the appellant herein is that the son of the deceased was admittedly 27 years old at the time of adducing his evidence, and the learned Tribunal had calculated the compensation by taking the age of the deceased as 35 years, which is incorrect, as the mother of the claimant would have been 8 years old when her son was born. Therefore, there is total perversity in taking the age of the deceased as 35 years. 5. The learned counsel for the appellant has taken the ground that by taking the age of the deceased as 35 years, the learned Tribunal has committed an error by taking the multiplier as 16. 6. After taking this Court to the impugned judgment dated 20.05.2019 in MACT Case No. 1330/2016, the appellant has also stated that the learned Tribunal has come to a finding that the claimant No. 1, Tamser Ali Mondal, is not a dependent of the deceased and that claimant No. 2, Amina Khatun, is the only living dependent legal heir of the deceased. 7. In view of such finding, the learned Tribunal ought to have taken 50% towards personal expenses. However, the Tribunal has wrongly taken the deduction at 1/3rd. 8. On the above-stated grounds, the impugned judgment has been challenged by the Insurance Company. 9. The learned counsel for the claimant-respondents has also fairly admitted that the age of the deceased was not proved before the Tribunal, and it is the joint prayer of the parties that this matter may be remanded back to the learned Tribunal to adduce evidence with regard to the age of the deceased and to calculate the Page No.# 5/5 compensation as per the age arrived at after adducing evidence by both the parties and the policy conditions. 10. In view of the above submissions, this appeal is remanded back to the learned MACT No. 3, Kamrup, Guwahati with a direction to the Tribunal to allow the parties to adduce evidence with regard to the age of the deceased and the policy conditions, and also to consider all the grounds taken by the appellant, and also to hear both the parties on the grounds taken by the appellant in the instant appeal and thereafter, award just and fair compensation, if found eligible. 11. The Tribunal shall make an effort to dispose of the matter within six months from the date of appearance of the parties. 12. The parties shall appear before the Tribunal on 05.11.2026. 13. With the above directions, the matter stands disposed of. 14. The Registry shall send back the TCR expeditiously. JUDGE Comparing Assistant