Page No.# 1/2 vs The New India Assurance Co. Ltd And ...
2021 Latest Caselaw 2057 Gua

                                                                 Page No.# 1/2

GAHC010101042021




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

                         Case No. : MACApp./174/2021

         MARAMI RAY AND ANR
         W/O- LATE NILKAMAL ROY, PRESENTLY RESIDING AT VILL.-
         KACHUKATA, P.O. AMINKATA, P.S. GOSSAIGAON, DIST.- KOKRAJHAR,
         ASSAM

         2: NANIBALA RAY
          W/O- LATE BISWANATH ROY
          CLAIMANT NOS 1 AND 2 ARE BY RELATION DAUGHTER IN LAW AND
         MOTHER IN LAW
          R/O- VILL.- SARPAMARI
          P.O. BARJAN
          P.S. TAMARHAT
          DIST.- DHUBRI
          ASSAM
         VERSUS
         THE NEW INDIA ASSURANCE CO. LTD AND 2 ORS
         REP. BY REGIONAL MANAGER, G.S. ROAD, GUWAHATI, ASSAM, GHY-05.
         (HAVING A DIVISIONAL OFFICE, KAKATI BHAWAN, 1ST FLOOR, MAIN
         MARKET, MAIN ROAD, DIST.- BONGAIGAON, ASSAM, PIN- 781005.
         2:AJIT SARKAR
          S/O- LATE KUMUD CHANDRA SARKAR
          R/O- WARD NO. 1 (SANTINAGAR)
          P.O.
          P.S. AND DIST.- KOKRAJHAR
          ASSAM
         3:TATA AIG GEN. INS. CO. LTD.
          REP. BY ITS DEPUTY MANAGER
          LEGAL CLAIMS
          CALCUTTA
          HAVING ITS BRANCH OFFICE AT 3RD FLOOR
          MAYUR GARDENS
          OPP. HDFC BANK
          G.S. ROAD
          GUWAHATI-5
                                                                                 Page No.# 2/2


Advocate for the Petitioner   : MR. I A TALUKDAR

Advocate for the Respondent :

                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

03.09.2021

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

Heard Mr. I.A. Talukdar, learned counsel for the appellant.

The appeal has been preferred under Section 173, Motor Vehicles Act, 1988 against the judgment and award dated 20.05.2021 passed by the learned Member, Motor Accident Claims Tribunal, Kokrajhar ("the Tribunal" for short) in MAC Case No. 50/2019. By the said judgment and award, the learned Tribunal has awarded an amount of Rs. 2,70,000/- as compensation to the claimants along with interest at the bank rate for fixed deposit from the date of the judgment. Seeking enhancement of the compensation, the present appeal has been preferred.

Appeal is admitted for Hearing.

Let the LCR be called for.

Issue Notice returnable in 6 (six) weeks.

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

List the case after six weeks.

JUDGE

Comparing Assistant