Page No.# 1/3 vs The Divisional Manager United ...
2022 Latest Caselaw 2644 Gua

                                                                     Page No.# 1/3

GAHC010139512015




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

                          Case No. : MACApp./386/2022

         SMTI SABITRI SARKAR and 2 ORS
         W/O LATE PRAN KRISHNA SARKAR

         2: HARAN SARKAR

          S/O LATE. PRAN KRISHNA SARKAR

         3: SRI RAJIB SARKAR

          S/O LATE PRAN KRISHNA SARKAR
          ALL ARE R/O VILL. BISHPANI
          P.O. BHOTAGAON
          P.S. BIJNI
          DIST. CHIRANG
          BTAD
          ASSAM

         VERSUS

         THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD
         and 2 ORS
         UNITED INDIA INSURANCE CO. LTD. DIVISIONAL OFFICE, CHAPAGURI
         ROAD, BONGAIGAON DIVISION, NEAR MAYAPURI CINEMA HALL, P.O.
         BONGAIGAON, DIST. BONGAIGAON, ASSAM INSURER OF THE VEHICLE
         NO. WB-23-3465 TRUCK, VIDE POLICY NO. 030600/31/09 02/00001435 AND
         VALID FROM 20.09.2009 TO 19.09.2010 INSURED AT GILANDER HOUSE, 3,
         NETAJI SUBHASH ROAD, KOLKATA 700001

         2:AJIT SINGH

          S/O LATE CHANDRA SINGH
          R/O 66/1
          B.R. ROAD
          KOLKATA 700002
                                                                      Page No.# 2/3

             WEST BENGAL
             OWNER OF THE VEHICLE NO. WB-23-3465 TRUCK

            3:PRABHU SINGH

             S/O LATE CHANDRA SINGH
             R/O 66/1
             B.R. ROAD
             KOLKATA 700002
            WEST BENGAL
             DRIVER OF THE VEHICLE NO. WB-23-3465 TRUCK VIDE D/L NO. WB-25-
            098766 AND VALID UPTO 16.07.201

Advocate for the Petitioner   : MR. S C BISWAS

Advocate for the Respondent : MR. S DUTTA




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 01-08-2022 Heard Mr. S. C. Biswas, learned counsel appearing for the appellants and Ms. M. Choudhury, 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 07.04.2015, passed by the learned Member, MACT, Bongaigaon in MAC case No. 26/2010.

The appeal is admitted for hearing.

Call for the LCR.

Issue notice, returnable by four weeks.

As Ms. M. Choudhury, learned counsel has entered appearance and accepted notice on behalf of the respondent No. 1, no formal notice is required to be Page No.# 3/3

served on the said respondent.

However, extra copy of the memo of appeal be served to the learned counsel for the respondent No. 1 during the course of the day.

The appellants shall take steps for service of notice upon the respondent Nos. 2 and 3 by registered post with A/D as well as by usual process.

Steps be taken within 7 days.

List after four weeks.

JUDGE

Comparing Assistant