New India Assurance Company Ltd vs Rishma Phukan @ Aagasthi Phukan And 3 Ors
2025 Latest Caselaw 1476 Gua

Gauhati High Court

New India Assurance Company Ltd vs Rishma Phukan @ Aagasthi Phukan And 3 Ors on 25 July, 2025

                                                                  Page No.# 1/3

GAHC010262622024




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

                         Case No. : MACApp./297/2025

         NEW INDIA ASSURANCE COMPANY LTD.
         A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
         GUWAHATI, STARCITY COMPLEX, G.S. ROAD, LACHITNAGAR,
         GUWAHATI-781007 REP. BY THE MANAGER, GAUHATI REGIONAL OFFICE,
         LACHIT NAGAR, GUWAHATI-781007.



         VERSUS

         RISHMA PHUKAN @ AAGASTHI PHUKAN AND 3 ORS
         D/O. SRI BIMAL PHUKAN, R/O. VILL.- AMOLAPATTY COLONY, HOUSE NO.
         100, WARD NO. A, P/O. DIBRUGARH, P/S. CHABUA, DIST. DIBRUGARH,
         ASSAM, PIN-786001.

         2:SAMIM
          S/O/ WAHID SK.
          R/O. 5/H/31
          BHUKAILASH ROAD
          P/O. KHIDDIRPORE
          DIST. KOLKATA
         WEST BENGAL. PIN-700023.

         3:HGFC ERGO GENERAL INSURANCE CO. LTD.
          REP. BY THE BRANCG NANAGER
          BRANCH OFFICE AT G.S. ROAD
          BHANGAGARH
          GUWAHATI
          MAYUR GARDEN
          OPP. RAJIB BHAWAN
          P/O. BHANGAGARH
          DIST. KAMRUP (M0
         ASSAM
          PIN-781005.
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            4:NETWORKS TRAVELS OF NA
             HPOSE NO. 17
             G.S. ROAD
             PALTAN BAZAR
             DIST. KAMRUP (M)
            ASSAM
             PIN-78100

Advocate for the Petitioner   : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR

Advocate for the Respondent : ,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                        ORDER

Date : 25.07.2025

Heard Ms. R.D. Mozumdar, learned counsel for the appellant.

2. This appeal, under Section 173 of the M.V. Act, 1988, is directed against the judgment and award dated 06.09.2024, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup(M), Guwahati, in MAC Case No. 1852/2017.

3. It is to be noted here that vide impugned judgment and award dated 06.09.2024, the learned Tribunal had directed the appellant herein to pay a sum of Rs. 42,99,836/- being the compensation to the respondent No. 1 herein with interest @ 9% per annum from the date of filing of the claim petition till realization.

4. Perused the memo of appeal and the grounds mentioned therein, and also perused the impugned judgment and award dated 06.09.2024.

5. Admit.

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

7. Steps be taken upon the respondents by way of registered post with A/D as well as by usual process within a week from today.

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

9. List the matter after four weeks.

JUDGE

Comparing Assistant