Cholamandalam Ms General Insurance ... vs Sapam Swapna Devi @ Swapna Devi And 6 Ors A
2025 Latest Caselaw 1709 Gua

Gauhati High Court

Cholamandalam Ms General Insurance ... vs Sapam Swapna Devi @ Swapna Devi And 6 Ors A on 3 January, 2025

                                                                      Page No.# 1/4

GAHC010134542024




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

                          Case No. : MACApp./633/2024

         CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE,
         2ND FLOOR, NO. 2 N.S.C. BOSE ROAD, CHENNAI- 600001 AND ITS BRANCH
         OFFICE AT AASTHA PLAZA, 4TH FLOOR, OPPOSITE TO S.B. DEORAH
         COLLEGE, G.S. ROAD, GUWAHATI.



         VERSUS

         SAPAM SWAPNA DEVI @ SWAPNA DEVI AND 6 ORS A
         W/O LATE SAPAM NABA KISHORE SINGH @ NABA KISHORE SINGHA @
         SAPAM NABAKISHORE SINGH, VILL.- MADHURAMUKH GHAT, P.O.-
         DUDHPATIL, PART VI, P.S.- SILCHAR, DIST.- CACHAR, ASSAM, PIN- 788002.

         2:SAPAM SYAMANANDA SINGHA
          S/O LATE SAPAM NABA KISHORE SINGH @ NABA KISHORE SINGHA @
         SAPAM NABAKISHORE SINGH

          VILL.- MADHURAMUKH GHAT
          P.O.- DUDHPATIL
          PART VI
          P.S.- SILCHAR
          DIST.- CACHAR
          ASSAM
          PIN- 788002.

         3:SAPAM SATYABHAMA DEVI
          D/O LATE SAPAM NABA KISHORE SINGH @ NABA KISHORE SINGHA @
         SAPAM NABAKISHORE SINGH

          VILL.- MADHURAMUKH GHAT
          P.O.- DUDHPATIL
          PART VI
                                                                         Page No.# 2/4

             P.S.- SILCHAR
             DIST.- CACHAR
             ASSAM
             PIN- 788002.

            4:RAJIB DHAR
             S/O LT. JYOTIRMOY DHAR

            R/O LANE NO. 17
            VIVEKANAND ROAD
            P.O.- VEVEKANAND ROAD
            P.S.- SILCHAR
            DIST.- CACHAR
            ASSAM
            PIN- 788007.

            5:SANJAY BAHETY
             S/O JAHARIAL BAHETY

            R/O J.P. AGARWAL ROAD

            B/L- 2
            NEAR MANASHA MANDIR BHARALUMUKH
            P.O. AND P.S.- BHARALUMUKH
            GUWAHATI
            DIST.- KAMRUP (M)
            ASSAM
            PIN- 781009.

            6:NANI GOPAL DAS
             S/O GIRENDRA CHANDRA DAS

            R/O CHENGKURI ROAD
            P.O. AND P.S.- SILCHAR
            DIST.- CACHAR (ASSAM)
            PIN- 788004.

            7:THE ORIENTAL INSURANCE CO LTD
             REP. BY THE DIVISIONAL MANAGER
            THE ORINTAL INSURANCE CO LTD
            TOWN CLUB BUILDING
             P.W.D. ROAD
             P.O. AND P.S.- SILCHAR
             DIST.- CACHAR (ASSAM)

Advocate for the Petitioner   : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR

Advocate for the Respondent : ,
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                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                       ORDER

Date : 03.01.2025

Heard Ms. P. Borthakur, learned counsel for the appellant. Also heard Mr. M. Talukdar, learned counsel for the respondent Nos. 1, 2 and 3.

2. This appeal, under Section 173 of the M.V. Act, is directed against the judgment and award dated 19.02.2024, passed in MAC Case No. 372/2018, passed by the learned Member, Motor Accident Claims Tribunal (MACT), Cachar.

3. It is to be noted here that vide impugned judgment and award dated 19.02.2024, the learned Member, MACT, Cachar has directed the appellant herein to pay a sum of Rs. 21,64,607/- as compensation to the respondent Nos. 1, 2 and 3, along with interest @ 9% per annum w.e.f. the date of filing of the claim petition till the date of full payment.

4. Perused the memo of appeal and the grounds mentioned therein and also perused the impugned judgment and award dated 19.02.2024.

5. Admit.

6. Let notice be issued to the respondents, returnable in four weeks.

7. As Mr. M. Talukdar, learned counsel appears and accepts notice on behalf of the respondent Nos. 1, 2 and 3, no formal notice is required to be issued to the said respondents. However, extra copies of the memo of appeal be furnished to him during the course of the day.

8. Steps be taken upon the respondent Nos. 4 to 7 by way of registered post Page No.# 4/4

with A/D as well as by usual process within a week from today.

9. Registry shall call for the record from the learned Tribunal.

10. List the matter after four weeks.

11. Registry shall reflect the name of Mr. M. Talukdar, learned counsel for the respondent Nos. 1, 2 and 3 in the cause list.

JUDGE

Comparing Assistant