Cholamandalam Ms General Insurance ... vs Kshirada Bora @ Borah And 6 Ors
2025 Latest Caselaw 1594 Gua

Gauhati High Court

Cholamandalam Ms General Insurance ... vs Kshirada Bora @ Borah And 6 Ors on 30 July, 2025

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GAHC010157172025




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

                         Case No. : MACApp./304/2025

         CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.
         HAVING ITS REGD. OFFICE AND HEAD OFFICE DARE HOUSE, SECOND
         FLOOR, NO.-2, N.S.C. BOSE ROAD, CHENNAI-600001 AND ITS BRANCH
         OFFICE AT AASTHA PLAZA, 4TH FLOOR, OPPOSITE OF S.B. DEORAH
         COLLEGE, G.S. ROAD, GUWAHATI.

         VERSUS

         KSHIRADA BORA @ BORAH AND 6 ORS.
         W/O. SRI PREMADHAR BORA

         2:PREMADHAR BORA
          S/O. LT. NITYANANDA BORA @ BORAH

         3:TAIZA BORAH
          D/O. PREMADHAR BORA
         ALL ARE R/O. VILL.- BORPATHAR
          P/S. NARAYANPUR
          DIST. NORTH LAKHIMPUR
         ASSAM
          PIN-787031
         PRESENT ADDRESS-
         C/O. SUKUR LASKAR
          R/O. DATALPARA NATUN BASTI
          P/S. FATASIL AMBARI
          DIST. KAMRUP (M)
         ASSAM, PIN-781025

         4:BIMAL BISWAS
          S/O. LT. HARIPRASAD BISWAS
          R/O. VILL.- NIZ LALUK
          P/S. LALUK
          PIN-786140
          DIST. NORTH LAKHIMPUR
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             ASSAM

            5:HEMANTA DAS
             S/O. SRI AJIT DA
             R/O. VILL.- KUMARKARTA
             P/S. PANIGAON
             PIN-787052
             DIST. NORTH LAKHIMPUR
            ASSAM

            6:SBI GENERAL INSURANCE COMPANY LTD
             REP. BY ITS GENERAL MANAGER
             2ND FLOOR LAKSHMI DARSHAN
             G.S. ROAD
             POOPSITE BORA SERVICE
             DIST. KAMRUP
             GUWAHATI-781007
            ASSAM.KAMRUP METRO
            ASSAM

            7:JIBESWAR SAIKIA
             S/O. LT. DHANIRAM SAIKIA
             R/O. BORPATHAR
             P/S. NARAYANPUR
             P/O. GOSAIBARI
             DIST. NORTH LAKHIMPUR
            ASSAM, PIN-787001NORTH LAKHIMPUR
            ASSA

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

Advocate for the Respondent : ,



                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

30.07.2025

Heard Mr. R. Goswami, learned counsel for the appellant and also heard Mr. A.R. Agarwala, learned counsel for the respondent Nos.1--3.

Mr. Agarwala, learned counsel for the respondent Nos.1--3 submits that he has Page No.# 3/3

filed one caveat, but the same has not been tagged with this appeal, being Caveat No.737/2025.

This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 22.04.2025 passed by the learned Member, Motor Accident Claims Tribunal (MACT) No.2, Kamrup(M), Guwahati, in MAC Case No.373/2020 filed under Section 166 of the M.V. Act. It is to be noted here that vide impugned judgment and award dated 22.04.2025, the learned Tribunal has directed the appellant herein to pay a sum of Rs.13,46,833.68, being the compensation to the respondent Nos.1

--3 with interest @9% per annum from the date of filing of the claim petition.

Perused the memo of appeal and the grounds mentioned therein and also perused the impugned judgment and award dated 22.04.2025.

Admit.

Issue notice to the respondents, returnable within 4(four) weeks.

However, no formal notice is required to be issued to the respondent Nos.1--3, since Mr. Agarwala, learned counsel has entered appearance and received notice. However, extra requisite copies of the memo of appeal be served upon him during the course of the day.

Step upon rest of the respondents 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