National Insurance Co. Ltd vs Nirmala Devi And 5 Ors
2021 Latest Caselaw 845 Gua

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GAHC010035522021




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

                         Case No. : MACApp./49/2021

         NATIONAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT M S S PATH,
         BHANGAGARH, GUWAHATI-781005



         VERSUS

         NIRMALA DEVI AND 5 ORS.
         W/O JINIS YADAV, R/O VILLAGE HAYATPUR, ACHAL SINGWARA, DIST.
         DARBHANGA, BIHAR, PIN-847104

         2:JINIS YADAV
          S/O LATE YOGI YADAV
          R/O VILLAGE HAYATPUR
         ANCHAL SINGWARA
          DIST. DARBHANGA
          BIHAR
          PIN-847104

         3:M/S SHANTI FILLING STATION
         VILLAGE AND PO KATIGORAH
          PS KATIGORAH
          DIST. CACHAR
         ASSAM
          PIN-788805

         4:ANANMUDDIN LASKAR
          S/O MD. ABDUL RAHMAN
          R/O VILLAGE RAJYESWARPUR
          PS LALA
          DIST. HAILAKANDI
         ASSAM
          PIN-788163
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            5:M/S N.K.C. PROJECT PRIVATE LIMITED
             C/O RAJU TYRES
             BYRNIHAT
             DIST. RI BHOI
             MEGHALAYA
             PIN-793101

            6:M/S NEW INDIA ASSURANCE COMPANY LIMITED
             NORTH EASTERN REGIONAL OFFICE
             STAR CITY COMPLEX
             5TH FLOOR
             M.S.S PATH
             LACHITNAGAR
             GUWAHATI
             KAMRUP (METRO)
            ASSAM
             PIN-78100

Advocate for the Petitioner   : MR. A J SAIKIA

Advocate for the Respondent :




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                           ORDER

Date : 05.03.2021

Heard Mr. A.J. Saikia, learned counsel for the appellant.

This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 09.12.2020, passed by the learned Member, MACT No.1, Kamrup, Guwahati in MAC Case No. 571/2015.

This appeal is admitted for hearing.

Call for the records.

Issue notice returnable in 6(six) weeks.

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

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List after 6(six) weeks.

JUDGE

Comparing Assistant