Magma Hdi General Insurance Company Ltd vs Shipra @ Sipra Das And 4 Ors
2025 Latest Caselaw 7877 Gua

Gauhati High Court

Magma Hdi General Insurance Company Ltd vs Shipra @ Sipra Das And 4 Ors on 17 October, 2025

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GAHC010157072025




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

                         Case No. : MACApp./472/2025

         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

         SHIPRA @ SIPRA DAS AND 4 ORS.
         W/O. SRI MINTU DAS, R/O. VILL.- GANDHINAGAR, P/O. NETAJI NAGAR,
         P/S. RAMKRISHNAGAR, DIST. KARIMGANJ, ASSAM, PIN-788116
         PRESENT ADDRESS
         C/O. SRI SADHAN DAS, S/O. SRI NAGENDRA DAS, R/O. VILL.- CHOTO
         DUDHPATIL, P/S. SILCHAR, PIN-788001, DIST. CACHAR, ASSAM.

         2:BURHAN UDDIN BARBHUIYA
          S/O. MD. ABDUR RAHMAN BARBHUIYA
          R/O. VILL.- CHANDPUR
          P/O. CHANDPUR
          P/S. HAILAKANDI
          DIST. HAILAKANDI
         ASSAM-788151

         3:KAMRUL ISLAM BARBHUIYA
          S/O. MD. ATAUR RAHMAN BARBHUIYA
          R/O. VILL.- CHANDPUR
          P/O. CHANDPUR
          P/S. HAILAKANDI
          DIST. HAILAKANDI
         ASSAM-788151
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            4:JAYANTA DEB
             S/O. SRI. JAGADISH DEB
             R/O. VILL.- GAMARIA
             P/O. GAMARIA
             P/S. RK NAGAR
             DIST. KARIMGANJ
            ASSAM-788156

            5:SHRIRAM GENERAL INSURANCE CO. LTD.
             B.R. ARCADE
             3RD FLOOR
             21 JANAPATH
             ULUBARI
             OPPOSITE HOTEL PRIYA PALACE
             GUWAHATI-781007

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

Advocate for the Respondent : ,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

17.10.2025

1. Heard Mr. R. Goswami, the learned counsel for the appellant/insurance company.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant insurance company, namely, MAGMA HDI GENERAL INSURANCE COMPANY, impugning the judgment and award dated 22.04.2025, passed by the learned Member, MACT, Cachar, in MAC Case No. 254/2018, whereby an amount of Rs. 14.72.112.00/- was awarded as compensation to the opposite parties/claimants.

3. The appellant is mainly aggrieved with the quantum of the Page No.# 3/3

compensation awarded to the claimant.

4. Issue notice to the respondents.

5. The appellant shall take steps for issuance of notice upon the respondents by registered post with A/D as well as by usual mode within 7(seven) days, from the date of this order, returnable after 4(four) weeks.

6. Let also the records of MAC Case No. 254/2018 be called for from the concerned Tribunal.

7. This appeal is admitted.

8. List this case after 4(four) weeks.

JUDGE

Comparing Assistant