Oriental Insurance Co. Ltd vs Puna Gogoi And 5 Ors
2022 Latest Caselaw 2641 Gua

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GAHC010008522017




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

                          Case No. : MACApp./65/2018

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



         VERSUS

         PUNA GOGOI and 5 ORS
         R/O TELGOROM, NO. 1 PONKA GRANT, P.O. KANAI GRAT, DIST.
         GOLAGHAT, PIN 785699
         REPRESENTED BY SMT. PRUNIMA GOGOI, W/O SRI PUNA GOGOI

         2:ARUP BALLAV GOSWAMI
          R/O CHANDMARI
          INDU HOUSE
          P.O. AND P.S. GOLAGHAT
          DIST. GOLAGHAT
         ASSAM
          PIN 785621 (OWNER OF VEHICLE NO. AS-01/AC-5600)

         3:RANIT RAJKHOWA
          RO VILL. BONGAON
          P.S. GOLAGHAT
          DIST. GOLAGHAT
         ASSAM
          PIN 785611 (DRIVER OF VEHICLE NO. AS-01/AC-5600)

         4:THE BRANCH MANAGER
          UNITED INDIA INSURANCE CO. LTD. THANA CHARI ALI
          GOLAGHAT BRANCH (INSURER OF VEHICLE NO. AS-01/AC-5600)

         5:APTU PAUL
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            R/O T.P. ROAD
            HAIBORGAON
            P.O. AND P.S. NAGAON
            DIST. NAGAON
            ASSAM
            PIN 782002 (OWNER OF VEHICLE NO. AS-25/A-9651)

            6:GONESH CH. PAUL
             R/O BARAJOL
             P.S. GHAGRAPAR
             DIST. NALBARI
            ASSAM
             PIN 781369 (DRIVER OF VEHICLE NO. AS-25/A-9651

Advocate for the Petitioner   : MR. S DUTTA

Advocate for the Respondent : MS. S KHANIKAR (R1)




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                         ORDER

Date : 01-08-2022 Heard Mr. S. Dutta, learned counsel appearing for the appellant and Mr. S. Khanikar, learned counsel appearing for the respondent No. 1. Also heard Ms. U. Das, learned counsel for the respondent No. 2.

This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988 against the judgment and award dated 21.06.2017, passed by the learned Member, MACT, Golaghat in MAC case No. 27/2013.

The appeal is admitted for hearing.

Call for the LCR.

Issue notice, returnable by four weeks.

As Mr. S. Khankiar and Ms. U. Das, learned counsels have entered appearance and accepted notice on behalf of the respondent Nos. 1 and 2, no Page No.# 3/3

formal notice is required to be served on the said two respondents.

However, extra copy of the memo of appeal be served to the learned counsels for the respondent Nos. 1 and 2 during the course of the day.

The appellant shall take steps for service of notice upon the respondent Nos. 3, 4, 5 and 6 by registered post with A/D as well as by usual process.

Steps be taken within 7 days.

JUDGE

Comparing Assistant