Oriental Insurance Company Ltd vs Ratnajit Nath @ Ratnajit And 4 Ors
2021 Latest Caselaw 2150 Gua

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GAHC010111312021




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

                         Case No. : MACApp./186/2021

         ORIENTAL INSURANCE COMPANY LTD
         HAVING ITS REGD. OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI
         ROAD, NEW DELHI- 110002 AND REGIONAL OFFICE AT GUWAHATI-7, REP.
         BY THE REGIONAL MANAGER.



         VERSUS

         RATNAJIT NATH @ RATNAJIT AND 4 ORS
         S/O- SATYA RANJAN NATH, HAILAKANDI ROAD, RABINDRA SARANI,
         WARD NO. 15, P.O. AND P.S. SILCHAR, DIST. CACAHAR, ASSAM, PIN-
         788005.

         2:SARITA JOJO
         W/O- JOJO ANTONY
          C/O- MIDAS COLD TYRES
          SONAI ROAD
          NAGATILLA
          P.O. AND PS. SILCHAR
          DIST.- CACHAR
         ASSAM
          PIN- 788006.

         3:KRISHNA CHAKRABORTY
         W/O- LATE CHITTA RANJAN CHAKRABORTY
          C/O- LEELA CHAKRABORTY
          SMCH (STAFF QUARTER)
          P.O. SMCH
          P.S. SILCHAR
          DIST.- CACHAR
         ASSAM.

         4:MD. SABUL HUSSAIN LASKAR
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             S/O- MOIN UDDIN LASKAR
             VILL.- RAOJGHAT
             P.O. BHAGA BAZAR
             P.S. DHOLAI
             DIST.- CACHAR
             ASSAM
             PIN- 788001.

            5:THE ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.

             REP. BY THE LEGAL MANAGER
             THE ICICI LOMBARD GE. INSURANCE COMPANY LTD.
             MAYA GARDEN
             ABC BUS STOP
             G.S. ROAD (OPPOSITE RAJIV BHAWAN)
             P.O. GUWAHATI- 781005
             DIST.- KAMRUP(M)
             ASSA

Advocate for the Petitioner    : MR SISHIR DUTTA

Advocate for the Respondent :




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                           ORDER

Date : 10.09.2021 Heard Mr. S. Dutta, learned counsel for the appellant. This is a statutory appeal filed by the appellant insurance company being aggrieved by the Judgment dated 20.02.2021 passed in MAC Case No. 458/2016 by the learned Member, Motor Accident Claims Tribunal Cachar at Silchar.

The learned counsel for the appellant submits that the extent of disability stated to have been suffered by the appellant and on the basis of which the Tribunal has arrived at the compensation is highly disputed in as much as there are Page No.# 3/3

evidences led before the Tribunal which suggest that these injuries may not have been result of Road Traffic Accidents alone.

The learned counsel for the appellant has been heard. Grounds urged in the Appeal Memo have also been duly perused.

It is seen that the statutory deposit of Rs.25,000/- (Rupees twenty five thousand) only is also made by the appellant before the Registry of the Court.

Admit the appeal. Call for the records of MAC Case No. 458/2016 from the learned Member, Motor Accident Claims Tribunal Cachar at Silchar.

The steps on the respondent be taken by usual course and by Registered Post with A/D within a period of 7(seven) days from today.

List after service of Notice.

JUDGE

Comparing Assistant