Page No.# 1/2 vs Paban Baishya And 2 Ors
2024 Latest Caselaw 7958 Gua

Gauhati High Court

Page No.# 1/2 vs Paban Baishya And 2 Ors on 23 October, 2024

                                                                Page No.# 1/2

GAHC010212772024




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

                        Case No. : MACApp./541/2024

         SRIMATI ARPANA KALITA AND 2 ORS
         W/O LATE SHON KALITA,
         RESIDENT OF VILLAGE AND PO TERESIA, PS AND DIST NALBARI, ASSAM
         781334

         2: MISS BARASHA KALITA @ BARSHA KALITA
          D/O LATE SHON KALITA

         RESIDENT OF VILLAGE AND PO TERESIA
         PS AND DIST NALBARI
         ASSAM 781334

         3: MISS MANISHA KALITA
          D/O LATE SHON KALITA

         RESIDENT OF VILLAGE AND PO TERESIA
         PS AND DIST NALBARI
         ASSAM 781334.
         TO BE REP. BY PET NO.

         VERSUS

         PABAN BAISHYA AND 2 ORS
         S/O LATE TARUN RAM BAISHYA,
         RESIDENT OF VILLAGE GHARAMARA, PO DHAMDHAMA, PS
         GHAGRAPAR, DIST NALBARI, ASSAM 781349

         2:M/S NEW INDIA ASSURANCE CO. LTD.
          BHANGAGARH
          GUWAHATI 781005
          DIST KAMRUP M ASSAM

         3:SRIMATI RINA KALITA
          MOTHER OF LATE SHON KALITA
                                                                       Page No.# 2/2


            RESIDENT OF BARIKADANGA
            PS BARBARI
            BAKSA
            DIST BAKSA
            BTAD
            ASSAM 78134

Advocate for the Petitioner   : MR. A BHATTACHARYYA,

Advocate for the Respondent : ,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                        ORDER

Date : 23.10.2024

Heard Mr. A Bhattacharya, the learned counsel for the appellants. This appeal under Section 173 it is directed against the judgement and order dated 04.07.2024 passed by the learned Motor Accident Claims Tribunal No-1 Kamurp (M) at Guwahati in MAC Case No.2340/2017 for enhancement of the award.

It is to be noted here that vide and impugned judgment and award dated 04.07.2024 the learned member MACT No.1 Kamrup (M) Guwahati has awarded a sum of Rs. 1,42,83,599/- (Rupees one crore, forty two lakhs eighty three thousand five hundred ninety nine) with interest at the rate of Rs. 9% per annum from the date of filing the claim petition.

Perused the memo of appeal and the grounds mentioned therein. Also perused the impugned judgment and award dated 04.07.2024.

Admit.

Issue notice to the respondents, returnable in 4 weeks, by registered post with A/D and also by usual process within a week from today.

The Registry shall call for the records from the Court of the learned Member MACT No.1 Kamrup at Guwahati.

List the matter after 4 (four) weeks.

JUDGE Comparing Assistant