Representing The Weaving Centre ... vs Shriram General Insurance Co. ...
2021 Latest Caselaw 952 Gua

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GAHC010037772021




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

                         Case No. : MACApp./59/2021

         RAJEK ALI
         PRESIDENT, WEAVING CENTRE MANAGEMENT COMMITTEE, S/O LATE
         DHARAM ALI, R/O VILLAGE-KARIA, BETKATA, PO KARIA PS NALBARI,
         DIST. NALBARI, ASSAM, PIN-781339

         PRESENTLY RESIDING AT GANDHIBASTI, GUWAHATI-3, PS CHANDMARI,
         DIST. KAMRUP(M), ASSAM

         REPRESENTING THE WEAVING CENTRE AT KATPUHA UNDER SGSY, UNDE
         BARBHAG DEVELOPMENT BLOCK, KAMARKUCHI, DIST. NALBARI,
         ASSAM



         VERSUS

         SHRIRAM GENERAL INSURANCE CO. LTD. AND 2 ORS.
         REP. BY THE REGIONAL MANAGER, REGIONAL OFFICE E-8, E PIP, RIICO
         INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN, INDIA, PIN-303022

         (INSURER OF THE OFFENDING VEHICLE NO. AS-01/Z-6593 (TRUCK))

         2:KAMAL SAHA
          S/O LATE BIMAL KRISHNA SAHA
          R/O CHATRIBARI
          K.C. ROAD
          GUWAHATI-8
         WARD NO. 29
          HOUSE NO. 144
          DIST. KAMRUP(M)
         ASSAM
          PIN-781008

         (OWNER OF THE OFFENDING VEHICLE NO. AS-01/Z-6593 (TRUCK)
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            3:MANJU ALI
             S/O LATE ABDUL SUBUR
             R/O BANDALI RESERVE
             PO JATRADIA
             PS TARABARI
             DIST. BARPETA
            ASSAM

            (DRIVER OF THE OFFENDING VEHICLE NO. AS-01/Z-6593 (TRUCK

Advocate for the Petitioner   : MR. S AHMED

Advocate for the Respondent :




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                            ORDER

12.03.2021 Heard Mr. S. Ahmed, learned counsel for the appellant.

This appeal is under section 173 of the Motor Vehicles Act is directed against the judgment and order dated 30.07.2020 passed by the learned Member, MACT, Kamrup (M), Guwahati in MAC Case No.226/2015.

Appeal is admitted for hearing.

Call for the records.

Issue usual notice on the respondents returnable in 6(six) weeks.

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

The learned counsel for the appellant prays for and is permitted to substitute Annexure-1 of this memo of appeal with the appropriate document. The corrections may be made in the presence of the learned Registrar (Judicial).

List the matter after 6(six) weeks.

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JUDGE

Comparing Assistant