Janapath vs Ismail Ali @ Ismile Ali And 2 Ors
2025 Latest Caselaw 1835 Gua

Gauhati High Court

Janapath vs Ismail Ali @ Ismile Ali And 2 Ors on 8 January, 2025

                                                                         Page No.# 1/3

GAHC010277302024




                                                                  undefined

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

                                 Case No. : MACApp./4/2025

            SHRIRAM GENERAL INSURANCE CO LTD
            1000 E/8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN
            302024 AND HAVING A BRANCH OFFICE AT B.R ARCADE, 3RD FLOOR, 21
            JANAPATH, ULUBARI, GUWAHATI 781007



            VERSUS

            ISMAIL ALI @ ISMILE ALI AND 2 ORS
            S/O LATE ASGAR ALI @ AKBAR ALI,
            RESIDENT OF VILLAGE BONGORA,ISLAMPUR, PO BONGORA, PS AZARA,
            DIST KAMRUP M ASSAM 781015

            2:MD. SUJAUL HOQUE

             S/O MD. SIRAZUR RAHMAN

            RESIDENT OF VILLAGE NIRALPUR RANI
            PO RANI
            PS PALASHBARI
            DIST KAMRUP M ASSAM 781131

            3:SRI NAJIM ALI

             S/O ABUL ALI

            RESIDENT OF VILLAGE ALLIBARI
            ISLAMPR
            PS AZARA
            DIST KAMRUP M ASSAM 78101

Advocate for the Petitioner   : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR
                                                                               Page No.# 2/3

Advocate for the Respondent : ,


                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

08.01.2025

Heard Ms. M. Saikia, learned counsel for the appellant.

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

the judgment and award dated 25.09.2024 passed by the learned Member, Motor

Accident Claims Tribunal (MACT) No.2, Kamrup(M), Guwahati, in MAC Case No.1588/2016

filed under Section 166 of the Motor Vehicles Act. It is to be noted here that vide

impugned judgment and award dated 25.09.2024, the learned Member, MACT No.2,

Kamrup(M), Guwahati, has directed the appellant herein to pay a sum of Rs.35,76,552.60

being the compensation to the respondent/opposite party No.1 with interest at @9% per

annum from the date of filing the evidence on affidavit of the PW-1 i.e. 02.05.2022 till

realization.

Perused the memo of appeal and the grounds mentioned therein and also perused

the impugned judgment and award dated 25.09.2024.

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.

Page No.# 3/3

List the matter after 4(four) weeks.

Sd/- Robin Phukan JUDGE

Comparing Assistant