Ejaz Ahmed vs Bajaj Allianz General Insurance ...
2024 Latest Caselaw 5783 Gua

Gauhati High Court

Ejaz Ahmed vs Bajaj Allianz General Insurance ... on 12 August, 2024

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GAHC010251702023




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

                                  Case No. : MACApp./403/2023

            EJAZ AHMED
            S/O ABDUL KHALEK,
            RESIDENT OF HEDAYETPUR, WARD NO. 17, GOALPARA TOWN, PO
            BALADMARI, PS AND DIST GOALPARA, ASSAM 783121

            VERSUS

            BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD AND 2 ORS.
            REPRESENTED BY THE SENIOR EXECUTIVE (LEGAL DEPARTMENT) CARE
            OF GAUHATI TEA WIRE HOUSING PRIVATE LIMITED, 3RD FLOOR,
            ADJACENT TO MAHINDRA SHOWROOM NEAR GANESHGURI FLY OVER,
            GS ROAD, CHRISTIAN BASTI, GUWAHATI 781005

            2:ROJAUDDIN ANSARY
             S/O MOLBI MIAH

            RESIDENT OF GOALPARA TOWN
            WARD NO. 16
            PO BALADMARI
            PS AND DIST GOALPARA
            ASSAM 783121

            3:MANSHUR ALI
             S/O MOFAZAL ALI

            RESIDENT OF GOALPARA TOWN
            PO BALADMARI PS AND DIST GOALPARA
            ASSAM 78312

Advocate for the Petitioner   : MR. DITUL DAS, MS TINLUNG

Advocate for the Respondent : ,
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                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

Date : 12.08.2024

Heard Ms. Tinlung, learned counsel for the appellant.

This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant claimant for enhancement of the compensation awarded to the appellant claimant impugning the Judgment and Award dated 25.07.2023 passed by the learned Member, Motor Accident Claims Tribunal, Goalpara in MAC Case No. 392/2019 whereby the Insurance Company was directed to pay a compensation amount of Rs.1,74,173/- to the appellant/claimant.

The appeal is admitted.

Call for the case record of MAC Case No. 392/2019 from the concerned Tribunal.

Issue notice to the respondents.

The appellant shall take steps for issuance of notice to the respondents by registered post with A/D as well as by usual mode within three days from the date of this order, returnable after four weeks.

List accordingly.

JUDGE

Comparing Assistant