Chandan Kumar Nath vs Dipu Nath
2025 Latest Caselaw 3451 Gua

Gauhati High Court

Chandan Kumar Nath vs Dipu Nath on 24 February, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                    Page No.# 1/3

GAHC010025202025




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

                          Case No. : MACApp./45/2025

         CHANDAN KUMAR NATH
         S/O. LT. NIRESH NATH, VILL.- SAMAGURI NO 3, KOLABAGAN, P/S.
         HOWRAGHAT , DIST. KARBI ANGLONG , ASSAM,
         PRESENT ADDRESS- C/O. SRI AMBARISH PATGIRI, SAIKIA CHUBURI,
         MURHA TETELI, P/O. TEZPUR, P/S. TEZPUR, DIST. SONITPUR, ASSAM.



         VERSUS

         DIPU NATH
         S/O. LATE JEETAN NATH, VILL.- MIRIBALI, HIDIBONGLONG , P/O.
         HIDIBONGLONG , P/S. HOWRAGHAT, DIST. KARBI ANGLONG , ASSAM

         2:GOPAL NATH
          S/O. NILAMONI NATH
         VILL. SAMAGURI
          P/S. HOWRAGHAT
          DIST. KARBI ANGLONG
         ASSAM.

         3:CHOLAMANDALAM M.S. GENERAL INSURANCE CO. LTD.
          G.S. ROAD
          ULUBARI
          GUWAHATI
          DIST. KAMRUP(M)
         ASSAM. TO BE REP. BY ITS MANAGER REGD. OFFICE- DARE HOUSE
          SECOND FLOOR
          NO.-2
          N.S.C. BOSE ROAD
          CHENNAI-600001
          INDIA
                                                                     Page No.# 2/3


Advocate for the appellant(s): Mr. DK Kalita


Advocate for the respondent(s): X X


                                  BEFORE
                 HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                      ORDER

24.02.2025

Heard Mr. DK Kalita, 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 12.11.2024 passed in MAC Case No.13/2021(I) by the learned Member, Motor Accident Claims Tribunal, Sonitpur at Tezpur.

3. The instant appeal has been filed being aggrieved by the inadequate compensation so awarded vide the impugned judgment and award. The learned counsel appearing on behalf of the appellant has submitted that the Exhibit-51 was not taken into account by the learned Tribunal in an erroneous exercise of jurisdiction.

4. Taking into account the above, the appeal is admitted.

5. Call for the records.

6. The appellant is directed to take steps upon the respondent Nos.1 to 3 by way of registered post with A/D as well as through usual process within three Page No.# 3/3

days.

7. List the appeal after completion of service.

JUDGE

Comparing Assistant