Magma Hdi General Insurance Company Ltd vs Mintu Saikia And 2 Ors
2025 Latest Caselaw 3405 Gua

Gauhati High Court

Magma Hdi General Insurance Company Ltd vs Mintu Saikia And 2 Ors on 21 February, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                   Page No.# 1/3

GAHC010274982024




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

                          Case No. : MACApp./43/2025

         MAGMA HDI GENERAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24, PARK
         STREET, KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B, B201-
         202 ECOSPACE BUSINESS PARK, AMBUJA REALITY CAMPUS, ACTION
         AREA 110, NORTH TWENTY FOUR PARGANA, WEST BENGAL AND
         BRANCH OFFICE AT F-FORT BUILDING, 2ND FLOOR, SOUTH SARANIA,
         G.S. ROAD, GUWAHATI-781007.



         VERSUS

         MINTU SAIKIA AND 2 ORS
         S/O. LT. BANESWAR SAIKIA, R/O. VILL.- SENCHOWA, P/S. NAGAR SADAR,
         DIST. NAGAON, ASSAM, PIN-782001.

         2:MUKUL KRISHNA SAIKIA
          S/O. SRI G.K. SAIKIA
          R/O. VILL. THIATANGANI
          P/S. JURIA
          DIST. NAGAON
         ASSAM
          PIN-782124.

         3:HARAKANTA BORAH
          S/O. LT. MONI KANTA BORAH
          R/O. VILL. THIATANGANI
          P/S. JURIA
          DIST. NAGAON
         ASSAM
          PIN-782124
                                                                       Page No.# 2/3




Advocate for the appellant(s): Mr. SK Goswami


Advocate for the respondent(s):


                                  BEFORE
                 HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                    ORDER

21.02.2025

Heard Mr. SK Goswami, the learned counsel appearing on behalf of the appellant.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 20.09.2024 passed in MAC Case No.229/2021 by the Motor Accident Claims Tribunal whereby an amount of Rs.4,92,800/- was awarded as compensation. The learned Tribunal further directed the appellant company to pay the compensation amount to the claimant along with interest @ 9% from the date of filing of the application i.e. from 13.09.2022 till the date of payment.

3. Mr. SK Goswami, the learned counsel appearing on behalf of the appellant submits that the learned Tribunal erred in law as well as in facts in coming to the findings in respect to the question as to whether the vehicle in question which had a private car insurance policy could be used for a hire or reward.

4. The appeal is admitted.

5. Call for the records.

Page No.# 3/3

6. Steps upon the respondents be taken by way of registered post with A/D as well as through usual process within three days.

7. List the matter after receipt of the records.

JUDGE

Comparing Assistant