New India Assurance Company Ltd vs Biswajit Chanda And Anr
2021 Latest Caselaw 1932 Gua

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GAHC010078722021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : MACApp./154/2021

            NEW INDIA ASSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G. ROAD,
            FORT, MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH
            FLOOR, LACHIT NAGAR NEAR HAMUMAN MANDIR, G.S. ROAD,
            GUWAHATI-781007



            VERSUS

            BISWAJIT CHANDA AND ANR.
            S/O SRI BIRENDRA CHANDA, R/O VILL-SUPRAKANDI, P.O.-MANIKGANJ,
            P.S.-KARIMGANJ, DIST-KARIMGANJ, ASSAM, PIN-788710 (CLAIMANT)

            2:MD. SAHIDUL ALAM KHAN
             S/O MD. ATAUR RAHMAN KHAN
             R/O VILL- LATU NAYABAZAR
             P.O.-LATU
             P.S.-KARIMGANJ
             DIST-KARIMGANJ
            ASSAM
             PIN-788710 (OWNER CUM DRIVER OF THE VEHICLE NO. AS-10B/0117

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :
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                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                     ORDER

Date : 20.08.2021

The Court proceedings have been conducted through online court proceeding services.

Heard Mr. R. Goswami, learned counsel for the appellant.

This appeal under Section 173, Motor Vehicles Act, 1988 is directed against a judgment and award dated 11.01.2019 passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar ('the Tribunal', for short) in MAC Case no. 1343/2014 read with Review Order dated 19.11.2020 passed in Misc. Case No. 21/2019. By the judgment and award dated 11.01.2019, the learned Tribunal had awarded an amount of Rs. 1,57,006/- as compensation along with interest @ 6% p.a. from the date of filing of the claim application till its realization. By the review order dated 19.11.2020, the learned Tribunal has enhanced the amount of compensation to Rs. 13,19,406/- on the ground that the evidence regarding permanent disability and assessment of compensation thereof was not included in the judgment and award dated 11.01.2019.

The appeal is admitted for hearing.

LCR be called for.

Issue notice, returnable in 4 (four) weeks.

The appellant shall take steps for service of notice on the respondents by usual process as well as by registered post with A/D within 5 (five) days.

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Mr. Goswami has submitted that while presenting the appeal, an interlocutory application vide serial no. 7092/2021 was also filed seeking stay/suspension of the operation of the impugned judgment and award as well as the review order. He has, therefore, sought for listing of the interlocutory application after a week.

Office to list the interlocutory application with Sl. no. 7092/2021 along with the present appeal after 1 (one) week.

JUDGE

Comparing Assistant