Magma Hdi General Insurance Company Ltd vs Mona Chettri And 4 Ors
2025 Latest Caselaw 1486 Gua

Gauhati High Court

Magma Hdi General Insurance Company Ltd vs Mona Chettri And 4 Ors on 25 July, 2025

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GAHC010142182025




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

                          Case No. : MACApp./299/2025

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



         VERSUS

         MONA CHETTRI AND 4 ORS
         W/O. LT. KISHAN BAHADUR CHETTRI

         2:PRINCE CHETRI
          S/O. LT. KISHAN BAHADUR CHETTRI

         3:PRINIDHI CHETRI
          D/O. LT. KISHAN BAHADUR CHETTRI
         ALL ARE R/O. VILL.- ROUMARI
          P/O. MANSHRI
          P/S. TEZPUR
          DIST. SONITPUR
         ASSAM
          PIN-782125
         RESPONDENT NO. 2 AND 3 BEING MINORS ARE REP. BY HIS LEGAL
         GUARDIAN
          MOTHER RESPONDENT NO. 1.

         4:ABDUL JALIL
          S/O. LT. AMJAT ALI @ AMJAD ALI
          R/O. VILL.- BINIA GAON
          P/O. PANCHMILE
                                                                         Page No.# 2/3

               P/S. TEZPUR
               DIST. SONITPUR
               ASSAM
               PIN-784025.

            5:MOYANUL ISLAM
             S/O. ABACH ALI @ ABASH ALI
             R/O. VILL.- TENGAKHUTI
             P/O. AND P/S. TEZPUR
             DIST. SONITPUR
            ASSAM
             PIN-784025

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

Advocate for the Respondent : ,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

Date : 25.07.2025

Heard Mr. R. Goswami, 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 19.04.2025, passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, in MAC Case No. 109/2023 (D).

3. It is to be noted here that vide impugned judgment and award dated 19.04.2025, the learned Tribunal had directed the appellant herein to pay a sum of Rs. 27,98,840/- being the compensation to the respondent Nos. 1 to 3 herein with interest @ 7.5% 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 19.04.2025.

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5. Admit.

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