The National Insurance Company Ltd vs Sanjay Kalita And 2 Ors E
2024 Latest Caselaw 5922 Gua

Gauhati High Court

The National Insurance Company Ltd vs Sanjay Kalita And 2 Ors E on 14 August, 2024

                                                                      Page No.# 1/2

GAHC010123422024




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

                                  Case No. : MACApp./367/2024

            THE NATIONAL INSURANCE COMPANY LTD
            HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET, KOLKATA-
            700071 AND REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH,
            GUWAHATI- 5, REP. BY ITS REGIONAL MANAGER, REGIONAL OFFICE,
            GUWAHATI.

            VERSUS

            SANJAY KALITA AND 2 ORS E
            S/O RATUL KALITA, R/O PANJABARI CHUKAFA PATH, P.S.- DISPUR,
            KAMRUP (M), ASSAM.

            2:TAFAJUL HAQUE
             S/O TAIJUDDIN AHMED
            R/O DHIRENPARA
             ITANAGAR
             JANATA PATH
             P.S.- FATASIL AMBARI
             KAMRUP (M)
            ASSAM.

            3:ASRAFUL HAQUE
             S/O FARJUL HAQUE
            R/O MADHAPUR
             P.S.- MUKALMUA
             NALBARI
            ASSAM

Advocate for the Petitioner   : MR. P J BARMAN, MS P PHUKAN

Advocate for the Respondent : ,
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                                   BEFORE
                      HON'BLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

14.08.2024

Heard Mr. P.J. Barman, learned counsel for the appellant.

This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 25.01.2024, passed by the learned Member, MACT No.1, Kamrup(M), Guwahati, in MAC Case No.1236/2016. It is to be noted here that vide impugned judgment and award dated 25.01.2024, the learned Member, MACT No.1, Kamrup(M), Guwahati, has directed the appellant to pay a sum of Rs.5,75,690/- being the compensation with 6.5% interest per annum from the date of filing the claim petition till payment.

Perused the memo of appeal and the grounds mentioned therein and also perused the impugned judgment and award dated 25.01.2024.

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.

Step be taken 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