United India Insurance Co. Ltd vs Sri Digbijay Mandal And Ors
2025 Latest Caselaw 3664 Gua

Gauhati High Court

United India Insurance Co. Ltd vs Sri Digbijay Mandal And Ors on 3 March, 2025

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GAHC010218182024




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

                         Case No. : MACApp./566/2024

         UNITED INDIA INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24, WHITES
         ROAD, CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD, DISPUR,
         GUWAHATI.



         VERSUS

         SRI DIGBIJAY MANDAL AND ORS
         S/O. LATE ASHANANDA MANDAL

         2:PARBOTI MANDAL
         W/O. SRI DIGBIJAY MANDAL
         BOTH ARE RESIDENTS OF-
         R/O. VILL.- ALISINGA
          P/O. SILCHANG
          P/S. LAHARIGHAT
          DIST. MORIGAON
         ASSAM
          PIN-782127.

         3:ZEMABAWK FILING STATION
          M/S. CHANDNAL SEROWGI AND CO.
          LAKHARA CHARIALI
          P/S. GORCHUK
          DIST.-KAMRUP(M)
         ASSAM
          PIN-781029.

         4:RAMADHAR CHOUHAN
          S/O. LATE RAJARAM CHOUHAN
          C/O.K. DAS
          H/NO.43
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             W/NO.-17
             NEAR ASSAM PIL
             BETKUCHI
             P/S. GARCHUK
             DIST. KAMRUP(M)
             ASSAM
             PIN-781035

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

Advocate for the Respondent : MR. A BARUAH (R-1,2), MR. J P MORE(R-1,2)




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                        ORDER

Date : 03.03.2025

Heard Ms. P. Borthakur, learned counsel for the appellant/Insurance Company and Mr. A. Baruah, learned counsel for the respondent Nos. 1 and 2.

2. Learned counsel for the appellant has submitted that the respondent Nos. 3 and 4 are not necessary parties and they may be struck off as parties in this proceeding. As the respondent Nos. 3 and 4 are not necessary parties, their names may be struck off.

3. This appeal is preferred against the judgment and order dated 08.07.2024 passed by the learned MACT, Morigaon in connection with MAC (Injury) Case No. 76/2016 as they have objection against the quantum of compensation awarded to the respondent No. 1.

4. I have considered the submissions at the bar with circumspection. The appeal is admitted subject to the condition that the appellant deposits 50% of the compensation of Rs.23,22,525/- (Rupees Twenty Three Lacs Twenty Two Page No.# 3/3

Thousand Five Hundred and Twenty Five) within a period of four weeks.

5. Meanwhile, call for the Trial Court Record of MAC (Injury) Case No. 76/2016.

6. List after 4 (Four) weeks.

JUDGE

Comparing Assistant