Magma Hdi General Insurance Company Ltd vs Shwafiya Khatun And 4 Ors
2025 Latest Caselaw 1828 Gua

Gauhati High Court

Magma Hdi General Insurance Company Ltd vs Shwafiya Khatun And 4 Ors on 8 January, 2025

                                                                  Page No.# 1/3

GAHC010275042024




                                                           undefined

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

                           Case No. : MACApp./6/2025

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



         VERSUS

         SHWAFIYA KHATUN AND 4 ORS
         W/O. LATE MOFIDUL ISLAM

         2:HAJERA KHATUN
         W/O. ASHRAB ALI

         3:ABIDA KHATUN
          D/O. LATE MOFIDUL ISLAM

         4:SAFIR UDDIN
          S/O. LATE MOFIDUL ISLAM

         5:MORIUM BIBI
          D/O. LATE MOFIDUL ISLAM

         ALL RE R/O. VILL. GEHUA CHALCHALI
         P/S. RUPAHIHAT
         DIST. NAGAON
         ASSAM
         PIN-782125.
         RESPONDENT NO. 3 TO 5 BEING MINORS ARE REPRESENTED BY THEIR
         LEGAL GUARDIAN
         MOTHER I.E. RESPONDENT NO.1
                                                                               Page No.# 2/3


            6:FOZLUL HOQUE
             S/O. ROFIQUL ISLAM
             R/O. VILL. KANCHANPUR
             P/S. RUPHIHAT
             DIST. NAGAON
            ASSAM
             PIN-78212

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

Advocate for the Respondent : ,


                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

08.01.2025

Heard Ms. P. Borthakur, learned counsel for the appellant.

This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against

the judgment and award dated 20.09.2024 passed by the learned Member, Motor

Accident Claims Tribunal (MACT), Nagaon, in MAC Case No.264/2021 filed under Section

166 of the Motor Vehicles Act. It is to be noted here that vide impugned judgment and

award dated 20.09.2024, the learned Member, MACT, Nagaon, has directed the appellant

herein to pay a sum of Rs.20,57,320/- being the compensation to the respondents/

claimants with interest at @6% per annum from the date of filing the claim petition i.e.

23.09.2021 till the date of payment and in the event of failure to comply with the order of

payment within 3 months, the interest shall be calculated @9% per annum from the date

of the award.

Perused the memo of appeal and the grounds mentioned therein and also perused Page No.# 3/3

the impugned judgment and award dated 20.09.2024.

Admit.

Let notice be issued to the respondents, returnable within 4(four) weeks.

Step be taken by registered post with A/D and also by usual process within a week

from today.

Registry shall call for the record from the learned Tribunal.

List the matter after 4(four) weeks.

Sd/- Robin Phukan JUDGE

Comparing Assistant