Oriental Insurance Company Ltd vs Makon Hazarika And Anr
2021 Latest Caselaw 2058 Gua

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GAHC010121032021




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

                                Case No. : MACApp./172/2021

             ORIENTAL INSURANCE COMPANY LTD.
             HAVING ITS REGIONAL OFFICE AT GUWAHATI, ULUBARI, GUWAHATI-
             781007, REP. BY THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE,
             ULUBARI, GUWAHATI- 781007, KAMRUP(M), ASSAM
             VERSUS
             MAKON HAZARIKA AND ANR.
             W/O- LATE HEMO HAZARIKA, R/O- VILL.- RONGAMATI SENCHOWA
             GAON, P.O. RONGAMATI, P.S. DERGAON, DIST.- GOLAGHAT, ASSAM, PIN-
             785614.
             2:MOLOY BORAH
              S/O- SRI MADHUSUDHAN BORAH
              R/O- AMLOKHI TEA ESTATE
              P.O. SALONA
              P.S. SAMOGURI
              DIST.- NAGAON
             ASSAM
              PIN- 782101

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent :




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                         ORDER

03.09.2021

The court proceedings have been conducted through online court proceeding services.

Heard Ms. R.D. Mozumdar, learned counsel for the appellant.

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The appeal has been preferred under Section 173(1), Motor Vehicles Act, 1988 against the judgment and award dated 17.03.2021 passed by the learned Member, Motor Accident Claims Tribunal, Golaghat ("the Tribunal" for short) in MAC Case No. 41/2015. By the said judgment and award, the learned Tribunal has awarded an amount of Rs.10,37,482/- as compensation to the claimants along with interest @ 6% p.a. from the date of filing of the claim petition till realization of the entire amount.

Ms. Mozumdar has submitted that it has been proved by the appellant insurer in the proceeding before the learned Tribunal that the owner-cum-driver of the offending vehicle did not possess a valid and effective driving licence.

Appeal is admitted for Hearing.

Let the LCR be called for.

Issue Notice returnable in 6 (six) weeks.

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

List the case after six weeks.

JUDGE

Comparing Assistant