Page No.# 1/3 vs Cholamandalam Ms Gen Ins. Co. Ltd. ...
2023 Latest Caselaw 26 Gua

                                                                 Page No.# 1/3

GAHC010167792022




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

                         Case No. : MACApp./816/2022

         EATON NESSA AND 2 ORS.
         W/O LATE TOSER ALI @ TASER ALI, RESIDENT OF VILLAGE BIHAPARA,
         PO HATIPARA, PS CHAYGAON, DIST KAMRUP ASSAM

         2: TASMINARA BEGUM
          S/O LATE TOSER ALI @ TASER ALI

         RESIDENT OF VILLAGE BIHAPARA
         PO HATIPARA
         PS CHAYGAON
         DIST KAMRUP ASSAM
         TO BE REP. BY PET. NO. 1

         3: EJAJUL HOQUE
          S/O LATE TOSER ALI @ TASER ALI

         RESIDENT OF VILLAGE BIHAPARA
         PO HATIPARA
         PS CHAYGAON
         DIST KAMRUP ASSAM
         TO BE REP. BY PET. NO.

         VERSUS

         CHOLAMANDALAM MS GEN INS. CO. LTD. AND 2 ORS. B
         AASTHA PLAZA, GS ROAD, ULUBARI, OPP. SB DEORAH COLLEGE, 4TH
         FLOOR, PO GUWAHATI 781007, ASSAM

         2:SALIMUDDIN SHEIKH
          C/O KASEM ALI

         VILLAGE DUDHNATH HILL
         PO TILAPARA
         PS CHAPAR
                                                                         Page No.# 2/3

             DIST DHUBRI
             ASSAM

            3:RAFIQUL ISLAM
             S/O LATE SAHER ALI SK

            VILLAGE CHAPGARH
            PO AND PS GAURIPUR
            DIST DHUBRI
            ASSAM 78333

Advocate for the Petitioner   : MR. A R AGARWALA

Advocate for the Respondent : MR. K K BHATTA (R-1)




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                        ORDER

02.01.2023

Heard Mr. A.R. Agarwala, learned counsel for the appellants. Also heard Ms. M. Sarma, learned counsel appearing on behalf of the respondent No. 1/insurance company.

By this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant has prayed for enhancement of the amount of compensation awarded by the learned Member, MACT, Goalpara in MAC Case No. 331/19 vide Judgment and Award, dated 28.04.2022.

The appeal is admitted.

Issue notice. Steps be taken by registered post with A/D within 7(seven) days.

Call for the records.

Page No.# 3/3

List after 4 (four) weeks.

JUDGE

Comparing Assistant