New India Assurance Company Ltd vs Sri Bikash Agarwala And 5 Ors
2021 Latest Caselaw 76 Gua

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GAHC010126992018




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

                         Case No. : MACApp./654/2018

         NEW INDIA ASSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, MG ROAD
         FORT, MUMBAI AND ITS REGIONAL OFFICE AT G S ROAD, BHANGAGARH,
         GUWAHATI



         VERSUS

         SRI BIKASH AGARWALA AND 5 ORS
         S/O SRI BABU LAL AGARWALA
         R/O PATORKUCHI ROAD, NEAR DURGA MANDIR, WARD NO 56
         PS BASISTHA, 781005
         DIST KAMRUP ASSAM

         2:SMTI. SUNITA KUMARI
          D/O SRI GANESH YADAV
         R/O GHS ROAD
         KOHIMA NAGALAND 797001
         OWNER OF VEHICLE NO NL-01/G-7264 (TRUCK)

         3:SRI PRASANTA NORAH
          S/O SRI KAMAL NORAH
         R/O VILLAGE HATIMORIA
         PO MISSINGAGAON PS JEGENRAIMUKH
         DIST JORHAT ASSAM 785105
         DRIVER OF VEHICLE NO NL-01/G-7264 (TRUCK)

         4:SRI BOLA RAM SHARMA
          S/O LATE T R SHARMA
          R/O GOLAPI MARKET
          LALMATI OPPOSITE NIDHI BHAWAN P S BASISTHA
          781029 DISTRICT KAMRUP M ASSAM OWNER OF VEHICLE NO AS-01/AV-
         5861(ALTO)
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             5:SRI SANIB KUMAR SHARMA
              S/O SRI BOLA RAM SHARMA R/O GOPALI MARKET
              LALMATI OPPOSITE NIDHI BHAWAN PS BASISTHA
              781029 DISTRICT KAMRUP M DRIVER OF VEHICLE NO AS-01/AV-5861
             (ALTO)

             6:THE CHIEF REGIONAL MANAGER
              NATIONAL INSURANCE CO. LTD GUWAHATI REGIONAL OFFICE GS ROAD
              BHANGAGARH GUWAHATI 781005 INSURER OF VEHICLE NO. AS-01/AV-
             5861 (ALTO

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :




                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                             ORDER

08.01.2021 Heard Mr. R. Goswami, learned counsel for the appellant. This appeal is under section 173 of the Motor Vehicles Act is directed against the judgment and order dated 29.03.2018 passed by the learned Member, MACT No.2, Kamrup (M) in MAC Case No.673/2013.

Appeal is admitted for hearing.

Call for the records.

Issue fresh notice returnable in 6(six) weeks.

The appellant shall take fresh steps within 3(three) days for service of notice on the respondents by registered post with A/D as well as by usual process.

List the matter after 6(six) weeks awaiting service of notice.

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JUDGE

Comparing Assistant