United India Insurance Company Limited vs Mahina Begum And 9 Ors
2024 Latest Caselaw 7944 Gua

Gauhati High Court

United India Insurance Company Limited vs Mahina Begum And 9 Ors on 30 October, 2024

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GAHC010217922024




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

                          Case No. : MACApp./553/2024

         UNITED INDIA INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24, WHITES
         ROAD, CHENNAI-600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE,
         1ST FLOOR, G.S. ROAD, NEAR DISPUR POST OFFICE, GUWAHATI,
         KAMRUP(M), PIN-781005 REPRESENTED BY THE REGIONAL MANAGER,
         GUWAHATI REGIONAL OFFICE.



         VERSUS

         MAHINA BEGUM AND 9 ORS.
         1ST WIFE OF LATE ALI HUSSAIN.

         2:MOHIBUL ISLAM
          S/O. OF LATE ALI HUSSAIN.

         3:MIZANUR RAHMAN
          1ST WIFE OF LATE ALI HUSSAIN.

         4:TABIA KHATUN
          2ND WIFE OF LATE ALI HUSSAIN.

         5:TOFIQUL RAHMAN
          S/O. OF LATE ALI HUSSAIN.

         6:ARMINA BEGUM
          D/O. OF LATE ALI HUSSAIN.

         7:AKLIMA KHATOON
          3RD WIFE OF LATE ALI HUSSAIN.

         8:AKTAR HUSSAIN
          S/O. OF LATE ALI HUSSAIN.
                                                                        Page No.# 2/3

            ALL ARE RESIDENT OF-
            SHUKLARATARI
            P/S. BILASHIPARA
            PIN-783348
            ASSAM.

            9:UMED CHAND DHARIWAL
             S/O. LATE PUNAM CHAND DHARIWAL
             R/O. WARD NO. 11
             NEAR IDDGAR FIELD
             P/S. DHUBRI
             DIST.- DHUBRI
            ASSAM
             PIN-783323

            10:AZAHAR ALI
             S/O. SHAHJAHAN ALI
             R/O. NOWGHAT
             P/S. DHUBRI
             DIST.- DHUBRI
            ASSAM
             PIN-783323

Advocate for the Petitioner   : MR T KALITA,

Advocate for the Respondent : ,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

Date : 30.10.2024

Heard Mr. T. Kalita, learned counsel for the appellant and Mr. A. Bhattacharyya, learned counsel for the respondent Nos. 1 to 5 and 8.

2. This appeal, under Section 173 of the M.V. Act, 1988, is directed against the judgment and award dated 19.07.2024, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup(M), in MAC Case No. 1898/2017.

3. It is to be noted here that vide impugned judgment and award dated 19.07.2024, the learned Member, Motor Accident Claims Tribunal No. 3, Page No.# 3/3

Kamrup(M) has directed the appellant herein to pay a sum of Rs. 15,81,000/-, being the compensation to the respondents 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 19.07.2024.

5. Admit.

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

7. However, no formal notice is required to be issued upon the respondent Nos. 1 to 5 and 8, as Mr. Bhattacharyya, learned counsel appears and accepts notice on behalf of them. Extra requisite copies of the memo of appeal be furnished to him during the course of the day.

8. Steps be taken upon the respondent Nos. 7, 9 and 10 by way of registered post with A/D as well as by usual process within a week from today.

9. Mr. Bhattacharyya, learned counsel for the respondent Nos. 1 to 5 and 8 submits that the respondent No. 6 suffered demise and she has already been represented by the other respondents.

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

11. List the matter after four weeks.

JUDGE

Comparing Assistant