National Insurance Company Ltd vs Jahan Uddin And 4 Ors
2022 Latest Caselaw 4031 Gua

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GAHC010146352022




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

                          Case No. : MACApp./466/2022

         NATIONAL INSURANCE COMPANY LTD.
         REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA-
         700071, REPRESENTED BY THE ASSISTANT MANAGER, GAUHATI
         REGIONAL OFFICE, BHANGAGARH, GUWAHATI-781005.



         VERSUS

         JAHAN UDDIN AND 4 ORS.
         S/O- LATE JASMAT ALI, R/O- VILL.- BASHBARI NO. 1, P.O. SALABILA, P.S.
         MANIKPUR, DIST. BONGAIGAON, ASSAM, PIN- 783392.

         2:MR. FURKAN
          S/O- ABDOOL GAFOOR
          R/O- VPO KUNDLI SONIPAT
          HARYANA
          P.O. AND P.S. SONIPAT
          DIST. SONIPAT
          HARYANA
          PIN- 131028
          PERMANENT ADDRESS- H/NO. 120
          DURGA CHOWK
          BHALSWA DAIRY
          P.O. BHALASWA
          P.S. BHALSWA DAIRY
          DELHI
          PIN- 110042.

         3:MR. SUDARSHAN
          S/O- SIYA RAM
          R/O- VILL.- NAGLA BALDEV
          PARDHANAPUR
          P.O. ALIGANJ
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             P.S. JASRATHPUR
             ALIGANJ (DEHAT)
             DIST. ETAH
             UTTAR PRADESH
             PIN- 207247.

            4:AKHIRUL ISLAM
             S/O- ABUL HUSSAIN
             R/O- VILL.- PURAN BIJNI
             P.O. AND P.S. BIJNI
             DIST. CHIRANG
             BTAD
            ASSAM
             PIN- 783390.

            5:MR. ABDUL KADER
             S/O- SAHAB ALI
             R/O- VILL.- BASHBARI NO. 1
             P.O. SALABILA
             P.S. MANIKPUR
             DIST. BONGAIGAON
            ASSAM
             PIN- 783392

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MR. M KHAN




                                          BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

19. 10. 2022

Heard Ms. RD Mozumdar, learned counsel for the appellant/ Insurance Company. Also present Mr. M Khan, learned counsel for the respondent No. 1/ claimant.

The present appeal is filed against the judgment and award dated 25.04.2022 passed by the learned MACT, Bongaigaon in MAC case No. 96/2019. By the said judgment, the learned Tribunal had awarded a total compensation Page No.# 3/3

amount of Rs. 37,987/- against the medical expenditure, pain and suffering.

Mr. Khan has raised an issue that the present appeal is not maintainable in view of the mandate of Sub-section 2 of Section 173 of the MV Act.

Heard learned counsels for the parties. Sub-section 2 of Section 173 mandates that no appeal shall lie against any award of a claim Tribunal if the amount in dispute in the appeal is less than 1 Lakh rupees. In the case is hand, the award is Rs. 37,987/-.

Accordingly, in the considered opinion of this court, the present appeal is barred under of the provision of Sub-section 2 of Section 173 of the MV Act.

Accordingly, the appeal stands dismissed.

The statutory amount deposited may be returned back to the Insurance Company.

JUDGE

Comparing Assistant