Cholamandalm Ms General Insurance ... vs Bina Gogoi And 4 Ors
2024 Latest Caselaw 8240 Gua

Gauhati High Court

Cholamandalm Ms General Insurance ... vs Bina Gogoi And 4 Ors on 11 November, 2024

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GAHC010226062024




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

                         Case No. : MACApp./580/2024

         CHOLAMANDALM MS GENERAL INSURANCE COMPANYT LTD
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT SHAW WALLACE
         BUILDING NEW NO. 319, OLD NO. 154, 2ND FLOOR, THAMBU CHETTY,
         CHENNAI, PIN-600001, INDIA, ITS ZONAL OFFICE AT OFFICE NO. 201 AND
         202 L AND T CHAMBERS, 2ND FLOOR, 16 CAMAC STREET, KOLKATA-
         700017 AND ITS GUWAHATI REGIONAL OFFICE AT 4TH FLOOR, AASTHA
         PLAZA, BORA SERVICE, G.S. ROAD, GUWAHATI, KAMRUP(M), ASSAM-
         781007 REPRESENTED BY THE DEPUTY MANAGER LEGAL CLAIMS OF
         REGIONAL OFFICE.



         VERSUS

         BINA GOGOI AND 4 ORS
         W/O. LATE BHARAT GOGOI

         2:RIMPI GOGOI
          D/O. LATE BHARAT GOGOI

         3:ANUPAM GOGOI
          S/O. LATE BHARAT GOGOI
         ALL ARE RESIDENT OF-
         VILL.- BISHNU NAGAR
          P/S. MAKUM
          DIST.- TINSUKIA
         ASSAM
          PIN-786170.

         4:JAYANTA BORA
          S/O. KHAGEN BORA
          R/O. VILL. 1 NO. ASOMIYA GAON
          P/O. TINGRAI
          DIST. TINSUKIA
                                                                     Page No.# 2/3

             ASSAM
             PIN-786171.

            5:TILOK CHOUDHURY
             S/O. SRI PRADIP CHOUDHURY
             R/O. VILL. TINGRAI GAON
             P/O. DIGBOI
             DIST.- TINSUKIA
            ASSAM
             PIN-786171

Advocate for the Petitioner   : MR T KALITA, MR. A KAKATI

Advocate for the Respondent : ,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

Date : 11.11.2024

Heard Mr. T. Kalita, learned counsel for the appellant.

2. This appeal, under Section 173 of the M.V. Act, 1988, is directed against the judgment and award dated 30.07.2024, passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), in MAC Case No. 1220/2019.

3. It is to be noted here that vide impugned judgment and award dated 30.07.2024, the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M) has directed the appellant herein to pay a sum of Rs. 52,08,2016.97/-, being the compensation to the respondent Nos. 1, 2 and 3, and further provided that the amount shall carry interest @ 9% per annum from the date of filing of the claim petition.

4. Perused the memo of appeal and the grounds mentioned therein and also perused the impugned judgment and award dated 30.07.2024.

5. Admit.

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6. Let notice be issued to the respondents returnable in four weeks.

7. Steps be taken upon the respondents by way of registered post with A/D as well as by usual process within a week from today.

8. Registry shall call for the record from the learned Tribunal.

9. List the matter after four weeks.

JUDGE

Comparing Assistant