Page No.# 1/3 vs The Reliance General Insurance ...
2021 Latest Caselaw 1992 Gua

                                                                Page No.# 1/3

GAHC010239412018




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

                         Case No. : MACApp./149/2021

         DEBOJIT KONWAR AND 2 ORS
         S/O- LATE SONESWAR KONWAR, R/O- BOGORIJENG, PULIBOR, P.O. AND
         P.S. GOLAGHAT, DIST.- GOLAGHAT, ASSAM, PIN- 785006.

         2: BHOBANI KONWAR
          S/O- LATE SONESWAR KONWAR

         R/O- BOGORIJENG
         PULIBOR
         P.O. AND P.S. GOLAGHAT
         DIST.- GOLAGHAT
         ASSAM
         PIN- 785006.

         3: DULUMONI PHUKAN
         W/O- SONESWAR PHUKAN
         R/O- NAOHOLIA
          PATHAR GAON
          P.O. BORJAN
          P.S. AND DIST.- GOLAGHAT
         ASSAM
          PIN- 785625

         VERSUS

         THE RELIANCE GENERAL INSURANCE CO. LTD AND 2 ORS
         RELIANCE GENERAL INSURANCE CO. LTD., ANIL PLAZA, 5TH FLOOR,
         BESIDES IDBI BANK, G.S. ROAD, GUWAHATI-5. (INSURER OF THE
         VEHICLE NO. AS-05-A-3741, 407 TRUCK).

         2:SRI BINOD KUMAR AGARWALA

          S/O- NAND LAL AGARWALA
                                                                                Page No.# 2/3

             VILL.- BOKIAL GAON
             P.O.- LETEKUJAN- 785613
             P.S. AND DIST.- GOLAGHAT
             (OWNER OF THE VEHICLE NO. AS-05-A-3741
             407 TRUCK).

             3:SRI NOGEN BORA

             S/O- LATE BAPURAM BORA

             VILL.- BOKIAL GAON
             P.O.- LETEKUJAN- 785613
             P.S. AND DIST.- GOLAGHAT. (DRIVER OF THE VEHICLE NO. AS-05-A-3741
             407 TRUCK)

Advocate for the Petitioner    : MS. S KHANIKAR

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                              ORDER

26.08.2021

The court proceedings have been conducted through online court proceeding services.

Heard Ms. S. Khanikar, learned counsel for the appellants. Also heard Mr. A.J. Saikia, learned counsel who has appeared for the respondent no. 1.

The appeal has been preferred under Section 173, Motor Vehicles Act, 1988 against the judgment and award dated 30.01.2018 passed by the learned Member, Motor Accident Claims Tribunal, Golaghat ("the Tribunal" for short) in MAC Case No. 64/2011 seeking enhancement of an amount of compensation. By the said judgment and award, the learned Tribunal has awarded an amount of Rs. 75,000/- as compensation along with interest @6% p.a. from the date of filing of the claim petition till realization of the entire amount.

Appeal is admitted for Hearing.

Let the LCR be called for.

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Issue Notice returnable in 4 (four) weeks.

As Mr. Saikia has appeared and accepted notice on behalf of respondent no. 1, no formal notice needs to be issued to respondent no. 1. Ms. Khanikar shall furnish a copy of memo of appeal to Mr. Saikia within 5 (five) days.

Ms. U. Das, learned counsel had entered appearance in the connected I.A.(C) 1355/2019 for the opposite party nos. 2 - 3, who are arrayed as the respondent nos. 2 - 3 in the present appeal. The name of Ms. U. Das is also reflected in the cause list. Ms. Khanikar shall furnish copies of the memo of appeal to Ms. Das also within 5 (five) days.

As service of notice on all the respondents are deemed to be complete, list the case after 4 (four) weeks on receipt of the LCR.

The names of learned counsel including Mr. A.J. Saikia, who had appeared in the connected interlocutory applicant, I.A.(C) 1355/2019 by filing vakalatnama be reflected in the cause list.

JUDGE

Comparing Assistant