Gauhati High Court
Oriental Insurance Company Ltd vs Pranita Bora @ Pranita Barah on 12 February, 2025
Page No.# 1/4
GAHC010014802025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./35/2025
ORIENTAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A/25/27 ASAF ALI
ROAD, NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7. REP.
BY THE REGIONAL MANAGER.
VERSUS
PRANITA BORA @ PRANITA BARAH
W/O. LT. MUNIN BORA, R/O. VILL. WEST KAMAKHYA NEAR WATER
WORKS COLONY, P/O. PANDU, P/S. JALUKBARI, DIST. KAMRUP (M), PIN-
781012.
2:RINKI MONI BORA @ RINKY MONI BORAH
D/O. LAT MUNIN BORA
R/O. VILL. WEST KAMAKHYA NEAR WATER WORKS COLONY
P/O. PANDU
P/S. JALUKBARI
DIST. KAMRUP (M)
PIN-781012.
3:MOHAN SAH
S/O. MOTI SAH
R/O. PANDU INSTITUTE COLONY-3
W/NO. 3
P/S. JALUKBARI
DIST. KAMRUP (M)
PIN-781012.
4:SAHJAMAL ALI
S/O. MAINUDDIN ALI
R/O.- C/O. SOKBUL HUSSAIN KATABARI SUSHANTA PATH
P/O. AND P/S. GARCHUK
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DIST. KAMRUP (M)
ASSAM
PIN-781034
Advocate for the Petitioner : MR. S DUTTA, MS S MOCHAHARI,MR S DUTTA,MR S DUTTA
Advocate for the Respondent : ,
Linked Case : I.A.(Civil)/301/2025
ORIENTAL INSURANCE COMPANY LTD.
Address - HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A/25/27
ASAF ALI ROAD
NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7. REP. BY THE
REGIONAL MANAGER.
VERSUS
PRANITA BORA @ PRANITA BARAH
W/O. LT. MUNIN BORA
R/O. VILL. WEST KAMAKHYA NEAR WATER WORKS COLONY
P/O. PANDU
P/S. JALUKBARI
DIST. KAMRUP (M)
PIN-781012.
2:RINKI MONI BORA @ RINKY MONI BORAH
D/O. LAT MUNIN BORA
R/O. VILL. WEST KAMAKHYA NEAR WATER WORKS COLONY
P/O. PANDU
P/S. JALUKBARI
DIST. KAMRUP (M)
PIN-781012.
3:MOHAN SAH
S/O. MOTI SAH
R/O. PANDU INSTITUTE COLONY-3
W/NO. 3
P/S. JALUKBARI
DIST. KAMRUP (M)
PIN-781012.
4:SAHJAMAL ALI
S/O. MAINUDDIN ALI
R/O.- C/O. SOKBUL HUSSAIN KATABARI SUSHANTA PATH
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P/O. AND P/S. GARCHUK
DIST. KAMRUP (M)
ASSAM
PIN-781034.
------------
Advocate for : MR. S DUTTA
Advocate for : appearing for PRANITA BORA @ PRANITA BARAH
BEFORE
HON'BLE MRS. JUSTICE MARLI VANKUNG
ORDER
12.02.2025
Heard Ms. M. Saikia, learned counsel for the appellant.
This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988
against the Judgment & Award dated 28.10.2024 passed by the learned
Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), Guwahati in MAC
Case No. 459/2022.
The learned counsel for the appellant submits that the learned Tribunal had
erred in awarding an amount of compensation which is excessive to the amount
due to the appellant by not considering the evidence adduced by the appellant
in its proper perspective and hence, awarded an amount which is excessive to
the amount due to the appellant.
Appeal is admitted.
LCR is to be called for.
Issue notice to the respondents through registered post with A/D as well as
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through usual process, within 3 days returnable by three weeks.
List the matter after 3 (three) weeks.
JUDGE
Comparing Assistant
