Cholamandalam Ms General Insurance ... vs Raja Hazarika And 2 Ors
2025 Latest Caselaw 633 Gua

Gauhati High Court

Cholamandalam Ms General Insurance ... vs Raja Hazarika And 2 Ors on 16 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                   Page No.# 1/3

GAHC010239622024




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

                          Case No. : MACApp./171/2025

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



         VERSUS

         RAJA HAZARIKA AND 2 ORS
         S/O. SRI. KRISHNA HAZARIKA, R/O. VILL.- MOTHADANG, P/O. AND P/S.
         SIVASAGAR, DIST. SIVASAGAR, ASSAM, PIN-785640, PRESENTLY
         RESIDING AT- SOUTH SARANIA, P/S. PALTAN BAZAR, GUWAHATI-7, DIST.
         KAMRUP (M), REP. BY HIS FATHER KRISHNA HAZARIKA

         2:AMIR JAHAN ALI
          S/O. BABAJAN ALI
          R/O. JENGORIKOTIA
          P/O. AND P/S. SIVASAGAR
          DIST. SIVASAGAR
         ASSAM
          PIN-785640

         3:ABDUL WAHID
          S/O. MD. ABDUL AHMED
          R/O. RANGHAR CHARIALI
          P/O. DHULIAPAR
          P/S. AND DIST. SIVASAGAR
         ASSAM
          PIN-785664
                                                                       Page No.# 2/3

For the Appellant(s)             : Mr. R. Goswami, Advocate

For the Respondent(s)           : Mr. A.T. Sarkar, Advocate




                                  BEFORE
                   HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 16.05.2025

This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 08.08.2024 passed by the learned Member, MACT No. 2, Kamrup (M), Guwahati (hereinafter referred to as, "the learned Tribunal") in MAC Case No. 1365/2022 whereby an amount of Rs.34,51,372.20/- along with interest at the rate of 9% per annum has been directed to be paid by the Appellant Insurance Company.

2. Mr. R. Goswami, the learned counsel appearing on behalf of the appellant submitted that there are two grounds of objection taken in the instant appeal. First, the identity of the vehicle in question is an issue taking into account that there were 2 (two) G D Entries, one entry was in respect to an unidentified truck whereas the second entry pertains to a motorcycle in question bearing Registration No. AS 04-AA-7711. The learned counsel appearing on behalf of the appellant further submitted that neither the driver nor the owner of the motorcycle had appeared before the learned Tribunal and had adduced evidence.

3. The second ground is on the question of quantum submitted that the amount which has been awarded is shockingly disproportionate.

Page No.# 3/3

4. Taking into account the two grounds of objection, the instant appeal is admitted.

5. Call for records.

6. Mr. A.T. Sarkar, the learned counsel appears on behalf of the respondent No. 1 and as such there is no requirement of taking any steps against the respondent No. 1. However, Extra copies of the memo of appeal be served upon him within 2 (two) days.

7. As regards the respondent Nos. 2 and 3, the appellant is directed to take steps by way of Registered Post with A/D as well as through usual process within 3 (three) days.

8. List the matter after completion of service and upon receipt of the records.

JUDGE

Comparing Assistant