Gauhati High Court
Sri Sanwarmal Swami vs The Oriental Insurance Company Ltd. And ... on 1 October, 2024
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GAHC010203532019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./332/2024
SRI SANWARMAL SWAMI
S/O- LATE NATHULAL SWAMI, R/O- HANUMAN BHANDAR, DIPHU TOWN,
DIST.- KARBI ANGLONG, ASSAM, PIN- 782460.
VERSUS
THE ORIENTAL INSURANCE COMPANY LTD. AND 4 ORS
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI
ROAD, NEW DELHI, PIN- 110002 AND REGIONAL OFFICE AT GODREJ
BUILDING, G.S. ROAD, ULUBARI, PIN- 781007. (INSURER OF THE VEHICLE
(TRUCK) BEARING NO. AS-09-C-1187).
2:AFIA BEGUM
W/O- LATE ABDUL MANNAM
R/O- VILL.- UTTA ASHINAGAR
P.O. AND P.S. DOBOKA
DIST.- NAGAON
ASSAM
PIN- 782440.
3:ADBUL MANNAN
S/O- MARMUJ ALI
R/O- VILL.- UTTA ASHINAGAR
P.O. AND P.S. DOBOKA
DIST.- NAGAON
ASSAM
PIN- 782440.
4:REJBINA BEGUM
W/O- LATE BASIR UDDIN
PRESENTLY RESIDENT OF MOUDANGA KRISHI PAM NIGAM
P.O. AND P.S. MURAJAR
DIST.- NAGAON
ASSAM
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PIN- 782445.
5:SRI BISTI PANIKA
S/O- SHEKHAR PANIKA
R/O- VILL.- CENTER BAJAR
P.O. AND P.S. HOWRAGHAT
DIST.- KARBI ANGLONG
ASSAM
PIN- 782481. (DRIVER OF VEHICLE (TRUCK) BEARING NO. AS-09-C-1187)
Advocate for the Petitioner : MR. S R GOGOI, MR H BARUAH
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 01.10.2024 Heard Mr. S. R. Gogoi, learned counsel for the appellant. Also heard Mr. S. P. Sarma, learned counsel for the respondent/Insurance Company.
This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant impugning the judgment and award dated 30.10.2018 passed in MAC Case No. 443/2015 by the learned Member, Motor Accident Claims Tribunal, Nagaon.
The appellant is aggrieved with the direction given in the impugned order regarding recovering the amount of the award from the appellant by the Insurance Company after paying the same to the claimant.
The appeal is admitted.
Issue notice to the respondents.
Page No.# 3/3 Since, Mr. S. P. Sarma, learned counsel has appeared for the respondent No. 1, no formal notice need to be issued to the respondent No. 1.
As regards the other respondents, the appellant shall take steps for issuance of notice upon the said respondents by registered post with A/D as well as by usual mode within seven days from the date of this order, returnable on 18st November, 2024.
Let the case record of MAC Case No. 443/2015 be called for from the concerned Tribunal.
The Registry is directed to reflect the name of Ms. R. D. Mozumdar as engaged counsel for the respondent No. 1 in the cause-list henceforth.
List accordingly.
JUDGE Comparing Assistant