Case No. : Macapp./108/202 vs Sibash Das And Anr
2021 Latest Caselaw 1278 Gua

                                                                                Page No.# 1/2

GAHC010062162021




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

                           Case No. : MACApp./108/2021
           NEW INDIA ASSURANCE COMPANY LTD.
           HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING
           87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE NORTH EAST
           REGIONAL OFFICE AT G.S. ROAD, LACHIT NAGAR, GUWAHATI.


           VERSUS

           SIBASH DAS AND ANR.
           S/O- AMAL DAS, R/O- VILL.- NAHARBARI, P.O. AND P.S. THELAMARA,
           DIST.- SONITPUR, ASSAM, PIN- 784149.

           2:MD. MAINUL HAQUE
            S/O- ABDUL RAHIM
            R/O- VILL.- GOTLONG
            P.O. KOLIABHUMURA
            P.S. TEZPUR
            DIST.- SONITPUR
           ASSAM
            PIN- 784027

Advocate for the Petitioner : MR. K K BHATRA
Advocate for the Respondent :




                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

31-03-2021 Heard Shri R. K. Bhatra, learned counsel for the appellant who has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 being aggrieved by judgment and Page No.# 2/2

award dated 19.01.2021 passed by the MACT, Sonitpur in MAC Case No. 53/2019 by which an award of Rs.95,058/- has been granted alongwith interest @ 6% from the date of filing of the claim petition.

Shri Bhatra, learned counsel submits that apart from raising the issue of absence of any policy, the factual aspects have also been disputed wherein as per the appellant company, name of a different person was projected as the driver of the offending vehicle.

Admit.

Call for the records.

Service of notice upon the respondents be taken by registered post with A/D as well as by usual process.

Steps within 2 (two) days.

List after 4 (four) weeks alongwith the service report.

JUDGE

Comparing Assistant