Page No.# 1/3 GAHC010217942024 2025:GAU-AS:1040 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./609/2024 UNITED INDIA INSURANCE COMPANY LIMITED HAVING ITS REGISTERED AND HEAD OFFICE AT 24, WHITES ROAD, CHENNAI-600014 AND ITS REGESTERED OFFICE AT CHIBBAR HOUSE, 1ST FLOOR, G.S. ROAD, NEAR DISPUR POST OFFICE, GUWAHATI, KAMRUP (M), PIN-781005 REPRESENTED BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE. VERSUS MST. FARJINA BEGUM AND 2 ORS. R/O. VILL.- NO. 1, TITKURI, P/S. RANGIA, DIST. KAMRUP, ASSAM, PIN- 781354. 2:JAUFUR ALI R/O. VILL.- NO. 1 TITKURI P/S. RANGIA DIST. KAMRUP ASSAM PIN-781354. 3:MD. SAHANUR ALI @ SHANUR ALI S/O LATE BIBAN ALI RESIDENT OF VILLAGE BORAGOG PO DOROKAHARA PS KAMALPUR DIST KAMRUP ASSAM 78110 Page No.# 2/3 For the Appellant(s) : Mr. T. Kalita, Advocate For the Respondent(s) : Mr. D. Mondal, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 29.01.2025 This is an appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and order dated 09.07.2024 passed by the learned Member Motor Accident Claims Tribunal No. 2, Kamrup (M) at Guwahati (hereinafter referred to as “the learned Tribunal”) in MAC Case No. 1730/2019. 2. Mr. T. Kalita, the learned Counsel appearing on behalf of the appellant had submitted that though various grounds have been taken in the Memorandum of Appeal but the ground on which the appellant would like to challenge the impugned judgment and order passed by the learned Tribunal below dated 09.07.2024 is on the question of imposition of interest on future prospects. 3. This Court further takes note of that when the matter was listed before this Court on 22.01.2025, Mr. D. Mondal appearing on behalf of the claimants had submitted that the claimants would like to waive their right in respect to the interest on future prospects. On the basis thereof, an affidavit was filed on 28.01.2025 by the claimants. 4. In that view of the matter, this Court takes up the instant appeal for disposal within the ambit of Order XLI Rule 11 of the Code of Civil Page No.# 3/3 Procedure, 1908 and to ascertain, as to whether, the instant appeal should be further proceeded with taking into account that the sole ground on which the appellant had challenged the judgment and order dated 09.07.2024 have already been mitigated in view of the affidavit filed by the claimants. 5. Accordingly, this Court disposes of the instant appeal by observing that the judgment and order passed by the learned Tribunal dated 09.07.2024 shall stand modified to the extent of excluding the interest on future prospects. Accordingly, the Insurance Appellant Company is directed to deposit the said compensation in terms with the judgment and order dated 09.07.2024 after excluding the interest on future prospects within one month from the date of the instant order before the learned Tribunal for onward disbursement to the claimants. The said payments shall be thereupon be disbursed in the manner stipulated in paragraph Nos. 69 to 74 of the judgment and order dated 09.07.2024 passed by the learned Tribunal. 6. Appeal accordingly stands disposed of. JUDGE Comparing Assistant