Ankit Agarwal vs Digvijay Choudhary And 3 Ors
2025 Latest Caselaw 4626 Gua

Gauhati High Court

Ankit Agarwal vs Digvijay Choudhary And 3 Ors on 18 August, 2025

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GAHC010174262025




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

                         Case No. : MACApp./361/2025

         ANKIT AGARWAL
         S/O. SRI KAMAL AGARWAL, R/O. SARASWATI VIHAR, NEAR NRL PETROL
         PUMB, R.G BARUAH ROAD, GUWAHATI-781005, ASSAM.



         VERSUS

         DIGVIJAY CHOUDHARY AND 3 ORS
         S/O. SRI PRAMOD CHOUDHURY, HOUSE NO. 18/1, RANI SATI MARG,
         FANCY BAZAR, GUWAHATI-781001, P/S. PANZABAR, DIST. KAMRUP (M),
         ASSAM.

         2:ARVIND KUMAR CHOUDHURY
          S/O. SRI K.P. CHOUDHURY
          DWARKA KUNJ
          RANI SATI MARG
          FANCY BAZAR
          GUWAHATI-781001
          P/S. PANBAZAR
          DIST. KAMRUP (M)
         ASSAM.

         3:BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.
          REGD. OFFICE
          G.E. PLAZA
          1ST FLOOR
         AIRPORT ROAD
          MAHARASTRA.

         4:BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.
          SREEJI TOWER
          2ND FLOOR
         ADJACENT TO MAHINDRA AND NAHINDRA SHOWROOM
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             WALFORD
             GUWAHATI781005
             DIST. KAMRUP (M)
             ASSA

Advocate for the Petitioner   : MR. A K GUPTA, MR D AKRAM,MS. P NEOG

Advocate for the Respondent : ,




                                  BEFORE
              HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

                                         ORDER

Date : 18.08.2025

Mr. A.K Gupta, learned counsel for the appellant has been heard.

This present appeal under Section 173 of the M.V Act, 1988 has been filed against the impugned judgment and award dated 13.05.2025 passed by the Ld. Member, M.A.C.T No. 2, Kamrup (M), Guwahati, Assam in M.A.C Case No. 1686/2019.

The main grounds taken by the appellant is that the actual bill for repairing the appellant's damaged vehicle amounted to Rs. 4,19,431/-, out of which the appellant's insurer had directly paid a sum of Rs. 3,67,431/- to the Hyundai Company and the appellant had to pay an amount of Rs. 52,000/- against the cost of repairs out of his own pocket. It is stated that the appellant is entitled to the claim made with regard to the aforesaid cost of repairing and towing charges. But without considering such aspects, the Ld. Tribunal came to a conclusion that the appellant is not entitled to any further compensation for the damages sustained to his vehicle as the appellant had already received a total of Rs. 52,000/- from the insurer for the repair and thereafter, the Ld. Tribunal awarded an amount of Rs. 50,000/- only. Being aggrieved, the appellant has preferred this appeal.

The appeal is admitted.

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Issue notice returnable after 4(four) weeks.

Mr. A.K Gupta, learned counsel for the appellant shall take steps by registered post with AD as well as usual process on respondent No. 1-4 within 3(three) working days from the date of this order.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant