Sri Latu Saikia vs Sri Rahul Gogoi And 4 Ors
2022 Latest Caselaw 3049 Gua

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GAHC010117682019




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

                         Case No. : MACApp./493/2022

         SRI LATU SAIKIA
         S/O- LATE ROMEN SAIKIA, R/O- MOHANBARI AIRPORT, P.O. AND P.S.
         TINSUKIA, PIN- 786125, DIST.- TINSUKIA, ASSAM



         VERSUS

         SRI RAHUL GOGOI AND 4 ORS
         S/O- SRI JOGESH CH. GOGOI, R/O- MOHANBARI AIRPORT, P.O. LAHOWAL,
         DIST.- DIBRUGARH, ASSAM

         2:SRI SUDIPTA GOGOI
          S/O- SRI PRABHAT GOGOI
          R/O- CHIRING CHAPORI
          P.O.
          P.S. AND DIST.- DIBRUGARH
         ASSAM.

         3:ORIENTAL INSURANCE CO. LTD.

          REP. BY ITS DIVISIONAL MANAGER
          HAVING ITS DIVISIONAL OFFICE AT THANA ROAD
          TINSUKIA
          P.O.
          P.S. AND DIST.- TINSUKIA
          ASSAM.

         4:BIDYUT BIKASH SAIKIA
          S/O- JULESWAR SAIKIA
          BHARDHARA VILLAGE
          P.O. PANITOLA
          DIST.- DIBRUGARH.
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            5:CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.

             HAVING ITS LOCAL OFFICE AT C/O- INDUS IND BANK
             S R LOHIA ROAD
             P.O.
             P.S. AND DIST.- TINSUKIA
             ASSAM
             HAVING OFFICE AT GUWAHATI AT AASTHA PLAZA
             7TH FLOOR
             G. S. ROAD
             OPPOSITE S . B. DEORAH COLLEGE
             GUWAHATI
             ASSAM
             PIN- 781007

Advocate for the Petitioner   : MR. S R GOGOI

Advocate for the Respondent : MR. S K GOSWAMI

BEFORE HON'BLE MRS. JUSTICE MALASRI NANDI

17.08.2022

Heard Mr. S.R. Gogoi, learned counsel appearing for the appellant as well as Mr. S.K. Goswami, learned counsel appearing for the oriental Insurance Company and Mr. N. Deori, learned counsel appearing for the respondent no. 1.

This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 27.08.2018 in MAC Case No. 63/2015 passed by the learned Additional Member-2, Motor Accident Claims Tribunal, Tinsukia, Assam.

The appeal is admitted for hearing.

Call for the LCR.

Mr. S.K. Goswami, accepts notice on behalf of respondent no. 3 /Oriental Insurance company and Mr. N. Deori, accepts notice on behalf of respondent no. 1.

The appellant shall serve the copy of memo of appeal to the learned counsel of respondent no. 1 and 3 within three days.

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Issue notice to the respondent nos. 2, 4 and 5 by registered post with A/D as well as by usual process, returnable within 4(four) weeks.

The appellant is to take steps for service of notice upon the respondent nos. 2,4 and 5 within 3(three) days.

List this matter after 4(four) weeks.

JUDGE

Comparing Assistant