United India Insurance Company ... vs Smti Dipika Surin And 5 Ors
2021 Latest Caselaw 11 Gua

                                                                  Page No.# 1/3

GAHC010093542020




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

                         Case No. : MACApp./179/2020

         UNITED INDIA INSURANCE COMPANY LIMITED
         HAVING ITS REGD. OFFICE AND HEAD OFFICE AT 24, WHITES ROAD,
         CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD, DISPUR, GUWAHATI.



         VERSUS

         SMTI DIPIKA SURIN AND 5 ORS
         W/O. SRI PAULES MINJ, R/O. VILL. BORGANG KHELMATI, P.O. BORGANG,
         P.S. BAHALI, DIST. BISWANATH, ASSAM, PIN-784176.

         2:MARISHA SURIN
          D/O. LT. BENDICT SURIN
          R/O. VILL. BORGANG KHELMATI
          P.O. BORGANG
          P.S. BAHALI
          DIST. BISWANATH
         ASSAM
          PIN-784176.

         3:DEEPAK SURIN
          S/O. LT. BENDICT SURIN
          R/O. VILL. BORGANG KHELMATI
          P.O. BORGANG
          P.S. BAHALI
          DIST. BISWANATH
         ASSAM
          PIN-784176.

         4:PAUL SURIN
          D/O. LT. BENDICT SURIN
          R/O. VILL. BORGANG KHELMATI
          P.O. BORGANG
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              P.S. BAHALI
              DIST. BISWANATH
              ASSAM
              PIN-784176.

             5:ABDUL KASHEM
              S/O. MD. ABDUL RASID
             VILL. BESIMARI
              P.S. DHING
              DIST. NAGAON
             ASSAM
              PIN-782123. (DRIVER).

             6:M/S GREEN VALLEY PVT. LTD.
              REP. BY PULAK GOSWAMI NAMRA ROAD
              SILPUKHURI
              GUWAHATI
              DIST. KAMRUP (M)
             ASSAM
              PIN-781003. (OWNER)

Advocate for the Petitioner    : MR. R GOSWAMI

Advocate for the Respondent : MR. R Deka




                                     BEFORE
                     HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                               ORDER

04.01.2021 Heard Ms. P. Borthakur, learned counsel for the appellant. Also heard Mr. R. Deka, learned counsel for the respondents no.1 to 4.

By this appeal under section 173 of the Motor Vehicles Act, the appellant has assailed the judgment and award dated 19.03.2020 passed by the learned Member, MACT No.3, Kamrup (M) in MAC Case No.1249/2017. The appellant has assailed the quantum of compensation on the ground that the claimants are not dependent on the income of the deceased.

Appeal is admitted for hearing.

Call for the records.

Issue notice returnable on 08.02.2021.

The appellant shall take steps for service of notice on the respondents no.5 and 6 by registered Page No.# 3/3

post with A/D as well as by usual process within 2(two) days. As the learned counsel for the respondents no.1 to 4 has accepted notice, the requisite additional copies of the memo appeal be furnished to him within 2(two) days.

List the matter on 08.02.2021.

JUDGE

Comparing Assistant