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The Oriental Insurance Company Limited vs Maymun Nessa Barbhuyia And 5 Ors on 5 September, 2024
cites
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Ramachandrappa vs Manager, Reliance General Insurance ... on 9 March, 2015
In support of his submission, the learned counsel has cited the decision of
the Apex Court in Ramachandrappa Vs. The Manager, Royal Sundaram
Alliance Insurance Company Ltd. Reported in MANU/SC/0926/2011, in Smt.
Anjali & Ors Vs. Lokendra Rathod & Ors. reported in & in Lakhi Das and Ors.
Vs. Raju Sarmah and Ors. reported in MANU/GH/0758/2013.
[13.] Having heard the submissions made by the learned counsels for both the
parties, this court finds that the only issue pressed by the learned counsel for the
appellant is on the quantum of the award passed by the learned Tribunal, on the
grounds that the learned Tribunal had erroneously calculated the income of the
deceased, Siraj Uddin Barbhuiya @ Rs.400/- per day, wherein the notification dated
04.01.2016 issued by the Govt. of Assam, Office of Labour Commissioner, Guwahati
vide notification No.ACL 43/2004/56 held that rate of wages per day for Unskilled
Page No.# 10/11
workmen is Rs. 250/- i.e. Rs.7,500/- per month.
Anjali vs Lokendra Rathod on 6 December, 2022
In support of his submission, the learned counsel has cited the decision of
the Apex Court in Ramachandrappa Vs. The Manager, Royal Sundaram
Alliance Insurance Company Ltd. Reported in MANU/SC/0926/2011, in Smt.
Anjali & Ors Vs. Lokendra Rathod & Ors. reported in & in Lakhi Das and Ors.
Vs. Raju Sarmah and Ors. reported in MANU/GH/0758/2013.
[13.] Having heard the submissions made by the learned counsels for both the
parties, this court finds that the only issue pressed by the learned counsel for the
appellant is on the quantum of the award passed by the learned Tribunal, on the
grounds that the learned Tribunal had erroneously calculated the income of the
deceased, Siraj Uddin Barbhuiya @ Rs.400/- per day, wherein the notification dated
04.01.2016 issued by the Govt. of Assam, Office of Labour Commissioner, Guwahati
vide notification No.ACL 43/2004/56 held that rate of wages per day for Unskilled
Page No.# 10/11
workmen is Rs. 250/- i.e. Rs.7,500/- per month.
The Oriental Insurance Co. Ltd vs Smti Malina Basumatary And 2 Ors on 15 November, 2019
[10.] The learned counsel further submits that the learned MACT Tribunal had
erred in imposing interest on future prospects wherein a Co-ordinate Bench of this
Court in The Oriental Insurance Co. Ltd. Vs. Malina Basumatary & Ors. in MAC
Appeal No.329/2017 had held that interest should not be awarded for future
prospects.
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