Joytan Begum vs Kacham Uddin Hoque And 2 Ors
2025 Latest Caselaw 4412 Gua

Gauhati High Court

Joytan Begum vs Kacham Uddin Hoque And 2 Ors on 24 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                         Page No.# 1/2

GAHC010208902024




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

                            Case No. : MACApp./96/2025

           JOYTAN BEGUM
           W/O. ASMAN ALI SHEIKH, VILL.- DALSHINGHER ALGA PART-I, P/O.
           ASHARIKANDI, P/S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN-783331.



           VERSUS

           KACHAM UDDIN HOQUE AND 2 ORS
           S/O. TACHAR UDDIN MIAH, R/O. VILL. SAGOLIA PART NO.II, P/S.
           GOLAKGANJ, DIST. DHUBRI, ASSAM, PIN-783335.

           2:THE UNITED INDIA INSURANCE CO. LTD.
            G.T.B. ROAD
            DHUBRI
            PIN-783301.

           3:PINTU SHEIKH
            S/O. ABDUL GAFUR SK
            R/O. VILL.- MADHUSOULMARI PART-I
            P/S. GAURIPUR
            P/O. GAURIPUR
            DIST. DHUBRI
           ASSAM

For the Appellant(s)    : Mr. A. Rashid, Advocate

For the Respondent(s)   : None appears




                                  BEFORE
                   HONOURABLE MR. JUSTICE DEVASHIS BARUAH
                                                                        Page No.# 2/2


                                      ORDER

Date : 24.03.2025

This is an appeal filed under Section 173 of the Motor Vehicle Act, 1988 challenging the judgment and award dated 01.07.2024 passed in MAC Case No. 145/2018 (I) by the learned Member, MACT, Dhubri, Assam (hereinafter referred to as, "the learned Tribunal") whereby an amount of Rs. 4,89,000/- was awarded along with interest at the rate of 7% per annum.

2. Mr. A. Rashid, the learned counsel appearing on behalf of the appellant submitted that the learned Tribunal failed to take into consideration the evidence on record, more particularly, the medical expenses so incurred which was to the tune of Rs. 11,00,000/-.

3. Taking into account the above, this Court admits the instant appeal.

4. Call for the records.

5. The appellant is directed to take steps upon the respondents by way of Registered Post with A/D as well as through usual process within 7 (seven) days.

6. List the matter after completion of service and receipt of the records.

JUDGE

Comparing Assistant