SMTI DIPALI BORDOLOI BORAH v. MR KINARAM KALITA and ANR
MACApp./59/2017 · 2025-08-28
Budi Habung
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20476 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20476 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010232582017
2025:GAU-AS:11597
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./59/2017 SMTI DIPALI BORDOLOI BORAH W/O LATE DAMBARUDHAR BORAH, VILL. LATHABORI, P.S.MORIGAON, DIST. MORIGAON, ASSAM. VERSUS MR KINARAM KALITA and ANR S/O MR. THAGIRAM KALITA, VILL. RAIDONGIA, P.O. AIBHETI, PIN CODE 782002, P.S. JAJORI, DIST. NAGAON, ASSAM.
2:NEW INDIA ASSURANCE CO. LTD.
REPRESENTED BY ITS REGIONAL MANAGER GUWAHATI REGIONAL OFFICE G.S. ROAD BHANGAGARH GUWAHATI- Advocate for the Petitioner : MS.D KALITA, MR.M TALUKDAR Advocate for the Respondent : MR.A TALUKDARR-2, MR.K K BHATTA(R-2)
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 29.08.2025 This matter is listed for referral to the Special Mediation Drive-Mediation ‘For the Nation’. Heard Ms. D. Kalita, learned counsel for the appellant. Also heard Mr. K. K. Bhatta, learned counsel for the respondent No.2. By filing this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant prays for enhancement of compensation allowed by the judgment and order dated 17.05.2016, passed by the learned Member, MACT, Morigaon, in MAC Case No. 15/2015. Mr. Bhatta, learned counsel for respondent No. 2/Insurance Company, submits that another appeal, namely MAC Appeal No. 247/2016, has been filed by the Insurance Company challenging the same judgment and award dated
17.05.2016. he further submits that the said appeal has already been settled amicably, with the Insurance Company paying Rs. 19,20,000/- (Rupees nineteen lakhs twenty thousand only) to the claimant/appellant. In light of the above, this appeal filed by the claimant/appellant for enhancement has become infructuous, as per the order of this Court dated 08.02.2020 in MAC Appeal Case No. 247/2016, which has been tagged along with the record. The learned counsel for the appellant has not disputed the submission made by Mr. Bhatta, learned counsel for the respondent No.2.
Page No.# 3/3 In view of the above, this appeal stands disposed of as having become infructuous.
JUDGE Comparing Assistant