Mukesh Rai vs Master Rai And Anr
2021 Latest Caselaw 16 Gua

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GAHC010273302018




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

                                  Case No. : MACApp./296/2020

             MUKESH RAI
             S/O- SRI NAGINA RAI, R/O- VILL.- GARWAN PATTY, P.O. AND PS. TEZPUR,
             DIST.- SONITPUR, ASSAM, PIN- 784001.



             VERSUS

             MASTER RAI AND ANR
             S/O- LATE RAGHUNI RAI, TEZPUR FLOUR MILL, R/O- VILL. AND P.O.
             KETEKIBARI, P.S. TEZPUR, DIST.- SONITPUR, ASSAM, PIN- 784001. (OWNER
             OF THE VEHICLE NO. AS-01/X-3418 (1109 TRUCK).

             2:THE NEW INDIA ASSURANCE CO. LTD.

             S/O- SRI FATIK DAS
             TEZPUR BRANCH
             DIST.- SONITPUR
             ASSAM
             PIN- 784001. (INSURER OF THE VEHICLE NO. AS-01/X-3418 (1109 TRUCK)

Advocate for the Petitioner    : MR. S SAHU

Advocate for the Respondent :




                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                              ORDER

04.01.2021 Heard Mr. S. Sahu, learned counsel for the appellant.

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The appellant-claimant driving the offending vehicle has filed this appeal under section 173 of the Motor Vehicles Act against the judgment dated 07.09.2018 passed by the learned Member, MACT, Sonitpur, Tezpur in MAC Case No.104/2016 (I), thereby dismissing the claim.

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 respondent by registered post with A/D as well as by usual process within 2(two) days.

List the matter on 08.02.2021.

JUDGE

Comparing Assistant