Nazima Begum vs Hdfc Ergo General Insurance Co. Ltd. And ...
2024 Latest Caselaw 5940 Gua

Gauhati High Court

Nazima Begum vs Hdfc Ergo General Insurance Co. Ltd. And ... on 14 August, 2024

                                                                          Page No.# 1/2

GAHC010198962023




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

                                Case No. : MACApp./308/2024

            NAZIMA BEGUM
            W/O MD. ALA UDDIN, VILL.- CHAPRA, P.S.- BARPETA- 781309, DIST.-
            BARPETA (ASSAM).

            VERSUS

            HDFC ERGO GENERAL INSURANCE CO. LTD. AND 2 ORS A
            MAYUR GARDEN, G.S. ROAD, ABC, P.O. GUWAHATI- 781005, DIST.-
            KAMRUP (M) (ASSAM).

            2:KHITINDRA PATHAK
            VILL.- NAGAON
             P.O.- BARPETA- 781309
             DIST.- BARPETA (ASSAM).

            3:PRANJAL PATHAK
             S/O KHITINDRA PATHAK

            VILL.- NAGAON
            P.O.- BARPETA- 781309
            DIST.- BARPETA (ASSAM)

Advocate for the Petitioner   : MR. A R AGARWALA, MR ADITYA AGARWALA,MD. K ALI,MS.
R LAILA

Advocate for the Respondent : MR. K K BHATTA,
                                                                       Page No.# 2/2

                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                    ORDER

Date : 14.08.2024 Heard Mr. A. R. Agarwala, learned counsel for the appellant. Also heard Mr. K. K. Bhatta, learned counsel for the respondent No. 1.

This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant claimant praying for enhancement of the compensation awarded to her by the impugned judgment and award dated 28.03.2023 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M) in MAC Case No. 1490/2019.

The appeal is admitted.

Call for the records of MAC Case No. 1490/2019 from the concerned Tribunal.

Issue notice to the respondents.

Since, Mr. Bhatta, learned counsel has appeared for the respondent No. 1, no formal notice need to be issued to the said respondent.

As regards the respondent Nos. 2 and 3 are concerned, the appellant shall take steps for issuance of notice to the said respondents by registered post with A/D as well as usual mode within seven days from the date of this order, returnable after four weeks.

List accordingly.

JUDGE

Comparing Assistant