New India Assurance Co. Ltd vs Nazrana Begum Barlaskar And 4 Ors. B
2024 Latest Caselaw 5905 Gua

Gauhati High Court

New India Assurance Co. Ltd vs Nazrana Begum Barlaskar And 4 Ors. B on 14 August, 2024

                                                                 Page No.# 1/3

GAHC010208582022




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

                          Case No. : MACApp./383/2024

         NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING
         87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL
         OFFICES KNOWN AS NORTH EAST REGIONAL OFFICE AT GS ROAD,
         ULUBARI, GUWAHATI 7, ASSAM



         VERSUS

         NAZRANA BEGUM BARLASKAR AND 4 ORS. B
         W/O LATE RAFIUZ JAMAN BARLASKAR, RESIDENT OF SATKARAKANDI
         PART I. PS SONAI DIST CACHAR, ASSAM

         2:RAFIQA FARHIN BARLASKAR

          D/O LATE RAFIUZ JAMAN BARLASKAR

         RESIDENT OF SATKARAKANDI PART I. PS SONAI DIST CACHAR
         ASSAM

         3:MUSST. KULSUMA BEGUM BARLASKAR
         W/O LATE LALU MIA BARLASKAR
         RESIDENT OF SATKARAKANDI PART I. PS SONAI DIST CACHAR
         ASSAM

         4:NURUL AMIN BARBHUIYA
          S/O LATE MAKABBIR ALI BARBHUIYA

         TARAPUR PART V
         PS SILCHAR
         DIST CACHAR
         ASSAM
         788003
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            5:ISLAM UDDIN BARBHUIYA
             S/O LATE MAKADDAS ALI BARBHUIYA NARAINPUR PART III
             PS ALGAPUR
             DIST HAILAKANDI
            ASSAM
             78815

Advocate for the Petitioner   : MS P HUJURI, MS M N KONYAK,MR. R K BHATRA

Advocate for the Respondent : MR. M TALUKDAR,




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

14.08.2024

Heard Mr. R.K. Bhatra, learned counsel for the appellant and also heard Mr. M. Talukdar, learned counsel for the respondents/claimants.

This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 21.05.2022, passed by the learned Member, Motor Accident Claims Tribunal, Cachar at Silchar, in MAC Case No.116/2017. It is to be noted here that vide impugned judgment and award dated 21.05.2022, the learned Member, Motor Accident Claims Tribunal, Cachar at Silchar, has directed the appellant to pay a sum of Rs.35,21,359/- being the compensation with 6% interest per annum from the date of restoration of the claim petition i.e. 19.04.2021 to be paid within 30 days, failing which further penal interest shall begin to accrue @7% per annum for each day of default, till payment.

Perused the memo of appeal and the grounds mentioned therein and also perused the impugned judgment and award dated 21.05.2022.

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This appeal is admitted for hearing, subject to depositing 50% of the awarded amount before the Registry of this Court within a period of 2(two) weeks from today.

Issue notice to the respondents, returnable within 4(four) weeks.

No formal notice is required to be issued in respect of respondent Nos.1--3, since Mr. Talukdar, learned counsel has entered appearance and accepts notice. However, extra copy of the memo of appeal be furnished upon the learned counsel appearing for the respondents/claimants

Step be taken upon the remaining respondents by registered post with A/D and also by usual process within a week from today.

Registry shall call for the record from the learned Trial Court.

Sd/- Robin Phukan JUDGE

Comparing Assistant