United India Insurance Company Limited vs Rina Devi Bora And 3 Ors
2024 Latest Caselaw 2896 Gua

Gauhati High Court

United India Insurance Company Limited vs Rina Devi Bora And 3 Ors on 1 May, 2024

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GAHC010042972024




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

                         Case No. : MACApp./182/2024

         UNITED INDIA INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AT 24, WHITES ROAD, CHENNAI AND
         ONE OF THE REGIONAL OFFICE AT G.S. ROAD, DISPUR.



         VERSUS

         RINA DEVI BORA AND 3 ORS.
         W/O LATE ARUN CH. BORA,
         VILL.- BARPATHARI, PANIGAON, P.S.- SADAR, NAGAON, PIN- 782001,
         DIST.- NAGAON, ASSAM.

         2:LILIMAI BORA
         W/O LATE LUHI RAM BORA

         VILL.- BARPATHARI
         PANIGAON
         P.S.- SADAR
         NAGAON
         PIN- 782001
         DIST.- NAGAON
         ASSAM.

         3:INDRA MOHAN NATH
          S/O DHAN BAR NATH

         VILL.- PUB DARONGI
         P.S.- KAMRUP
         PIN- 782426
         DIST.- NAGAON
         ASSAM.

         4:RIBUL HOQUE
                                                                                  Page No.# 2/3

               S/O ISMAIL HUSSAIN

               VILL.- SILPUKHURI

               P.S.- DHING
                P.O.- DHING
                PIN- 782123
                DIST.- MORIGAON
               ASSAM

Advocate for the Petitioner     : MR. K K BHATTA

Advocate for the Respondent :




                                     BEFORE
                      HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                             ORDER

Date : 01.05.2024

Heard Mr. K. K. Bhatta, learned counsel for the appellant.

This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 05.01.2024, passed by the learned Member, MACT-3, Kamrup (M), in MAC Case No. 1355/2018, whereby the appellant/insurance company was directed to pay a sum of Rs. 36,95,809/- with the interest @ 9% per annum from the date of filing of the claim petition till realization to the claimant.

It is submitted by Mr. K. K. Bhatta, learned counsel for the appellant, that the award has been passed by the learned Member, MACT-3, Kamrup (M) without considering the Government Notification dated 14.09.2017, whereby the claimant is receiving 100% of the last pay drawn by the deceased.

Considering the submission made by the learned counsel for the appellant, the appeal is admitted.

Page No.# 3/3

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

Learned counsel for the appellant shall take steps for service of notice upon all the respondents by registered post with A/D as well as by usual process within a week from today.

Call for the LCR.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant