New India Assurance Company Ltd vs Md Azizur Rahman Gazi Alias Ajijul Hoque
2026 Latest Caselaw 1050 Gua

Gauhati High Court

New India Assurance Company Ltd vs Md Azizur Rahman Gazi Alias Ajijul Hoque on 11 February, 2026

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GAHC010114892025




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

                                Case No. : MACApp./600/2025

            NEW INDIA ASSURANCE COMPANY LTD
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 887 M.G. ROAD,
            FORT MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH
            FLOOR, LACHIT NAGAR NEAR HANUMAN MADIR G.S. ROAD, GUWAHATI
            781007



            VERSUS

            MD AZIZUR RAHMAN GAZI ALIAS AJIJUL HOQUE
            S/O LATE DULAL MIA GAZI, R/O VILL. LATHIGRAM, PT-I, P.O. AND P.S.
            UDHARBOND, DIST. CACHAR, ASSAM.

            2:MISS F. LALRUATKIMI
             D/O LATE F. HRANGKHUMA
             R/O VILL. CHANDMARY VENG
             P.O. AND P.S. LAWNGTLAI
             STATE MIZORAM
             PIN 796891

            3:KABIR HUSSAIN BARBHUIYA

             S/O MANIK UDDIN BARBHUIYA
             R/O VILL. DHOLCHERRA F.V.
             P.O. BORTHAL
             P.S. LALA
             DIST. HAILAKANDI (ASSAM)
             PIN 78811

Advocate for the Petitioner   : MONDAKINI SAIKIA, MS. M SAIKIA,MS. P BORTHAKUR

Advocate for the Respondent : MR A B DEY (R-1),
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                                  BEFORE
                     HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

11.02.2026 Heard Mr. R. Goswami, learned counsel for the appellant and Mr. A. B. Dey, learned counsel for the respondent No. 1.

2. This appeal, under Section 173 of the MV Act, is directed against the Judgment and Award, dated 29.01.2025, passed by the learned Member, MACT, Cachar, in MAC Case No. 233/2021, under Section 166 of the MV Act, 1988.

3. It is to be noted here that vide impugned Judgment and Award, dated 29.01.2025, the learned Tribunal has awarded a sum of Rs. 1,01,308/-, being the compensation, with interest @ 9% per annum, from the date of filing of the claim petition, till realisation.

4. Perused the memo of appeal and the grounds mentioned therein and also perused the impugned Judgment and Award, dated 29.01.2025.

5. Admit.

6. Issue notice to the respondents, returnable in two weeks.

7. However, no formal notice is required to be issued to the respondent No. 1, since Mr. Dey has entered appearance and received notice. But, extra copy of the memo of appeal be furnished to him during the course of the day.

8. Steps upon respondent Nos. 2 & 3 be taken by a speed post as well as by usual process, within a week from today.

9. Registry shall call for the record from the learned Tribunal.

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10. List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant