The Oriental Insurance Co. Ltd vs Sayad Jamal @ Surajmal @ Saidur Ali And 4 ...
2025 Latest Caselaw 1910 Gua

Gauhati High Court

The Oriental Insurance Co. Ltd vs Sayad Jamal @ Surajmal @ Saidur Ali And 4 ... on 10 January, 2025

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GAHC010213262022




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

                          Case No. : MACApp./656/2024

         THE ORIENTAL INSURANCE CO. LTD.
         A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REP. BY ITS
         REGIONAL MANAGER, ULUBARI, GUWAHATI- 7, DIST.- KAMRUP.

         VERSUS

         SAYAD JAMAL @ SURAJMAL @ SAIDUR ALI AND 4 ORS. F
         S/O MD. JAINAL ABDIN, VILL.- NEPALIGAON, P.O.- DHANSIRI, P.S.-
         ORANG, DIST.- UDALGURI, ASSAM, PIN- 784509.

         2:RANA DEV SAIKIA
          S/O LATE GUNA KANTA SAIKIA
          R/O WARD NO. 7
          N.T. ROAD
          NORTH LAKHIMPUR
          P.O. AND P.S.- NORTH LAKHIMPUR
          DIST.- NORTH LAKHIMPUR
         ASSAM
          PIN- 787001.

         3:MD. JAHANGIR ALAM
          S/O ABDUL WAHIB
         VILL.- FASALPUR DHUBURI
          P.O. AND P.S.- DHUBURI
          DIST.- DHUBURI
         ASSAM
          PIN- 783301.

         4:PARIMAL DAS
          S/O LATE LATE J. CHANDRA DAS
         VILL.- NO. 2
          DARRANG BAHJER
          P.O.- SILBORI
          P.S.- DALGAON
                                                                           Page No.# 2/3

            DIST.- DARRANG
            ASSAM
            PIN-784148.

            5:NATIONAL INSURANCE COMPANY LIMITED
             MANGAIDAI BRANCH
             REP. BY ITS REGIONAL MANAGER
             G.S. ROAD
             GUWAHATI- 05

Advocate for the Petitioner   : MR. S K GOSWAMI, MR. R SHARMA

Advocate for the Respondent : , MS. C MOZUMDAR (r-5),MR. S P SHARMA (r-5),MR. B K DAS
(R-1)


                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                   ORDER

10.01.2025

Heard Mr. S.K. Goswami, learned counsel for the appellant; Mr. B.K. Das, learned counsel for the respondent No. 1; and Mr. S.P. Sharma, learned counsel for the respondent No. 5.

2. In this appeal, under Section 173 of the M.V. Act, the appellant has put to challenge the correctness or otherwise of the Judgment and Award dated 11.03.2022, passed by the learned Member, M.A.C.T., Udalguri, in M.A.C. Case No. 18/2017.

3. It is to be noted here that vide impugned Judgment and Award dated 11.03.2022, the learned Member, M.A.C.T., Udalguri has directed the appellant to pay a sum of Rs. 7,23,700/- to the claimants as compensation along with interest @ 6% per annum from the date of filing of the claim petition, till realization.

4. Perused the memo of appeal as well as the grounds mentioned therein Page No.# 3/3

and also perused the Judgment and Award dated 11.03.2022, passed by the learned Member, M.A.C.T., Udalguri, in M.A.C. Case No. 18/2017.

5. Admit.

6. Let notice be issued to the respondents, within a week from today, returnable in 4 weeks, by registered post with A/D as well as by usual process. As Mr. Das and Mr. Sharma has appeared and accepted notice on behalf of the respondent Nos. 1 & 5, respectively, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent during the course of the day.

7. The Registry shall call for the record from the learned Tribunal.

8. List the matter after 4 (four) weeks.

JUDGE Comparing Assistant