Page No.# 1/5 GAHC010035162023 2026:GAU-AS:8773 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./52/2023 TAFIR ALI @ MD. TAFAR ALI AND ANR. S/O LATE MOHOR ALI @ MD. MAHAR UDDIN, THE CASE IS REPRESENTED BY ON DEATH OF LATE MOHAR ALI @ MAHAR UDDIN, W/O LATE MOHAR ALI @ MAHAR UDDIN , PERMANENET RESIDENT OF VILLAGE- SIMLAI PATHAR, P.S.- LANKA, DIST.- LANKA, ASSAM. PRESENTLY RESIDING AT- AMTOLA, BYRNIHAT, P.O. AND P.S.- SONAPUR, DIST.- KAMRUP (METRO), ASSAM. VERSUS BISTARNING KHYLLAIT AND ANR. S/O TRUN RYNTATHIANG, R/O 147 NONGLYPUT, MAIRANG, WEST KHASI HILLS, P.O.- MEGHALAYA, MEGHALAYA, PIN- 793120. 2:THE UNITED INDIA INSURANCE COMPANY LIMITED REPRESENTED BY ITS BRANCH MANAGER DON BOSCO POINT (MAIN ROAD) SHILLONG MEGHALAYA PIN- 793003 Advocate for the Petitioner : MISS. A BARUAH, Advocate for the Respondent : MR. M DUTTA (R2), R SARMA (R2),MS S DEV (R2) Page No.# 2/5 BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER Advocates for the appellants : Ms. S. Baruah Advocate United India Insurance Company/Respondent : Mr. M. Dutta, assisted by Mr. L. Deka Date of Order : 18.06.2026 ORDER (ORAL) Heard learned counsel for the appellant, Ms. S. Baruah. Also heard learned Senior Counsel, Mr. M. Dutta, assisted by Mr. L. Deka, learned counsel for the United India Insurance Company/Respondent. 2. The present appeal under Section 173 of the MV Act 1988as amended has been preferred against the impugned Judgment and Award dated 17.11.2022 passed by the learned MACT No.3 Kamrup(M), Guwahati in MAC Case No 955/2018 whereby the compensation of Rs.37,733/- was awarded along with interest @ 7.5% per annum from 22.02.2021 till payment. 3. The facts of the instant case is that the appellant as claimant had filed the claim petition seeking compensation on account of an injury caused to Md. Tafir Ali @ Md. Tafar Ali in a motor vehicle accident on 27.01.2018 at Mira Petrol Pump, Nerbang Road, Ribhoi District, Meghalaya. 4. The injured person was 9 years old at the time of the accident and he suffered serious injuries on his whole body and multiple fractures on his left Page No.# 3/5 legs. 5. The father of the injured Md. Mohor Ali @ Mahar Uddin represented the injured person in the claim petition as the injured was a minor. The father of the injured examined himself as PW1 and proved all the medical documents and vouchers on 25.11.2019 and 09.12.2021 and an additional affidavit along with medical documents was also filed to show that the injured person had been under treatment since the accident and he has not recovered fully till date. It was stated that the treatment of the injured was going on even at the time of the proceedings before the tribunal as the injured was unable to walk properly without assistance. The claimant had submitted medical bills amounting to Rs.40,873/- before the tribunal. 6. After examining the evidence and after hearing the parties the learned tribunal passed the judgment and award dated 17.11.2022 awarding a compensation of Rs.37,733/-. Being aggrieved by the said judgment, the appellant has preferred the instant appeal. 7. Learned counsel for the appellant submits that the claimant had spend more than Rs.1,50,000/- in the treatment of the injury and had submitted medical bills amounting to Rs.40,873/-. However, the learned Tribunal had wrongly assessed the medical expenses as Rs.18,733/- even without any dispute from the opposite parties. 8. Another ground which the learned counsel has taken is that the injured person was still under medical treatment even during the proceeding before the tribunal. However, the learned tribunal failed to consider the fact that he needed further treatment and also did not appreciate the fact that the injured was Page No.# 4/5 studying in class 4 at the time of the accident and he was unable to continue his further studies because of his injuries. 9. In view of the submissions made and the grounds taken in the instant appeal, the learned counsel for the appellant prays that the impugned judgment and award dated 17.11.2022 may be quashed and set aside and the matter may be remanded back to the learned tribunal for a fresh adjudication specially, in view of the disability certificate dated 14.10.2019 which has been allowed to be produced as additional evidence by this Court in I.A(C)/522/2024. 10. Learned Senior Counsel, Mr. M. Dutta, fairly submits that in view of the disability certificate dated 14.10.2019, the case may be remanded back and the respondent/Insurance Company may also be allowed to cross examine the claimant and any other witness who may be produced by the claimant. 11. In view of the facts and circumstances as projected above, the case is remanded back to the Learned MACT No.3 Kamrup(M) for a fresh adjudication. In addition to the two issues framed by the tribunal, another issue is added i.e, whether the injured person sustained any permanent disability in the motor vehicle accident on 27.01.2018? if so, what is the nature and extent of such disability and its effect on the future treatment of the injured person? 12. The impugned judgment and award dated 17.11.2022 in MAC Case No.955/2018 is quashed and set aside. The tribunal shall make a fresh adjudication on the question of permanent disability, functional disability and the consequential expenses for future treatment and loss of amenities. The tribunal shall also re-assess the compensation with regard to medical expenses, attendant charges, special diet, transportation and pain, shock and suffering. Page No.# 5/5 Needless to say, the insurer/Respondent shall also be given an opportunity to cross examine the claimant and any doctor who may be produced with regard to the disability certificate. 13. The tribunal shall also permit the parties to adduce additional evidence as may be considered necessary and thereafter, render fresh findings and pass a reasoned award in accordance with law. 14. With the above directions the appeal stands disposed. 15. The Registry shall refund the statutory deposit of Rs.25,000/- to the appellant. 16. Consequently, the appeal is disposed of with the above modifications and directions. 17. Registry to return back the trial court records expeditiously. 18. The parties are directed to appear before the Tribunal on 10th August, 2026. JUDGE Comparing Assistant