Bharati Baishya vs Bajaj Allianz General Insurance ...
2024 Latest Caselaw 8617 Gua

Gauhati High Court

Bharati Baishya vs Bajaj Allianz General Insurance ... on 25 November, 2024

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GAHC010233292024




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

                                  Case No. : MACApp./604/2024

            BHARATI BAISHYA
            W/O. LATE KARUNA KANTA BAISHYA, R/O. K.K.H. ROAD, HOUSE NO. 26,
            P/O. KAHILIPARA, P.S. DISPUR, DIST. KAMRUP(M), PIN-781019, ASSAM.

            VERSUS

            BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD AND ANR
            REP. BY THE MANAGER, SREEJI TOWER, 2ND FLOOR, ADJACENT TO
            MAHINDRA AND MAHINDRA, IFE WALFORD, G.S. ROAD, GUWAHATI-
            781005.

            2:BIKI SARKAR
             S/O. NARAYAN SARKAR
             H/NO. 54
            TRIBENI PATH
             BINOVANAGAR
             BHASKAR NAGAR
             P/S. FATASHIL AMBARI
             DIST. KAMRUP (M)
            ASSAM

Advocate for the Petitioner   : MR. S HAZARIKA, K BHARALI,MR B KAUSHIK

Advocate for the Respondent : ,


                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                   ORDER

25.11.2024

Heard Mr. B. Kaushik, learned counsel for the appellant.

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2. In this appeal, under Section 173 of the M.V. Act, the appellant has put to challenge the correctness or otherwise of the Judgment and Award dated 09.08.2024, passed by the learned Member, M.A.C.T. No. 2, Kamrup (M) at Guwahati, in M.A.C. Case No. 138/2018.

3. It is to be noted here that vide impugned Judgment and Award dated 09.08.2024, the learned Member, M.A.C.T. No. 2, Kamrup (M) at Guwahati has directed the respondent No. 1 to pay compensation amounting to Rs. 12,29,744.16/- to the appellant and further directed that the amount shall carrying interest @ 9% from the date of filing of the evidence on affidavit, i.e. 14.02.2021, till the date of payment in favour of the appellant.

4. Perused the memo of appeal as well as the grounds mentioned therein and also perused the impugned Judgment and Award dated 09.08.2024, passed by the learned Member, M.A.C.T. No. 2, Kamrup (M) at Guwahati, in M.A.C. Case No. 138/2018.

5. The appeal is admitted.

6. Let notice be issued to the respondents, within a week from today, returnable in 4 weeks, by registered post with A/D as well as by usual process.

7. The Registry shall call for the record from the learned Tribunal.

8. List the matter after 4 (four) weeks.

JUDGE Comparing Assistant