The Bajaj Allianz General ... vs Surjya Choudhury And 2 Ors
2022 Latest Caselaw 3120 Gua

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GAHC010086332022




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

                        Case No. : MACApp./377/2022

         THE BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT GE PLAZA, AIRPORT
         ROAD, NERADA, PUNE 411006 AND NORTH EASTERN REGIONAL OFFICE
         AT SREEJI TOWER, 2ND FLOOR, C.O GAUHATI TEA WAREHOUSING PVT.
         LTD. ADJACENT TO MAHINDRA SHOWWROOM, CHRISTIAN BASTI,
         GUWAHATI 781005, KAMRUP M ASSAM, REPRESENTED BY ITS LEGAL
         EXECUTIVE, CLAIMS DEPARTMENT,



         VERSUS

         SURJYA CHOUDHURY AND 2 ORS.
         SON OF RADESHYAM CHOUDHURY, RESIDENT OF VILLAGE
         BHALUKDUBI, ANANDA NAGAR, PO BHALUKDUBI, PS AND DIST
         GOALPARA, ASSAM, 783121

         2:ABDUL MANNAN
          S/O LATE MAFIZUDDIN
          RESIDENT OF VILLAGE NASATRA NORTH
          PO NASATRA
          PS ABHAYAPURI
          DIST BONGAIGAON
         ASSAM 783384

         3:REJAUL KARIM
          S/O ABDUL KASHEM

          RESIDENT OF VILLAGE NASATRA
          PO NASATRA
          PS ABHAYAPURI
          DIST BONGAIGAON
          ASSAM 78338
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Advocate for the Petitioner   : MR. A BHATTACHARYYA

Advocate for the Respondent :




             Linked Case : I.A.(Civil)/2066/2022

            THE BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
            HAVING ITS REGISTERED AND HEAD OFFICE AT GE PLAZA
            AIRPORT ROAD
            NERADA
            PUNE 411006 AND NORTH EASTERN REGIONAL OFFICE AT SREEJI TOWER
            2ND FLOOR
            C.O GAUHATI TEA WAREHOUSING PVT. LTD. ADJACENT TO MAHINDRA
            SHOWWROOM
            CHRISTIAN BASTI
            GUWAHATI 781005
            KAMRUP M ASSAM
            REPRESENTED BY ITS LEGAL EXECUTIVE
            CLAIMS DEPARTMENT



             VERSUS

            SURJYA CHOUDHURY AND 2 ORS.
            SON OF RADESHYAM CHOUDHURY
            RESIDENT OF VILLAGE BHALUKDUBI
            ANANDA NAGAR
            PO BHALUKDUBI
            PS AND DIST GOALPARA
            ASSAM
            783121

            2:ABDUL MANNAN
            S/O LATE MAFIZUDDIN
             RESIDENT OF VILLAGE NASATRA NORTH
             PO NASATRA
             PS ABHAYAPURI
             DIST BONGAIGAON
            ASSAM 783384
             3:REJAUL KARIM
            S/O ABDUL KASHEM
             RESIDENT OF VILLAGE NASATRA
             PO NASATRA
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            PS ABHAYAPURI
            DIST BONGAIGAON
            ASSAM 783384
            ------------

Advocate for : MR. A BHATTACHARYYA Advocate for : appearing for SURJYA CHOUDHURY AND 2 ORS.

BEFORE HON'BLE MRS. JUSTICE MALASRI NANDI

22.08.2022

Heard Mr. A. Bhattacharyya, learned counsel appearing for the appellant.

This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 11.02.2022 in MAC Case No. 168/2016 passed by the learned Member, Motor Accidents Claims Tribunal, Goalpara.

The appeal is admitted for hearing. Call for the LCR.

Issue notice to the respondents 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 respondents within 7(seven) days.

List this matter after 4(four) weeks.

JUDGE

Comparing Assistant