New India Assurance Company Ltd vs Sri Jayanta Chowdhury And 5 Ors
2022 Latest Caselaw 3194 Gua

                                                                  Page No.# 1/3

GAHC010185342018




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

                         Case No. : MACApp./851/2018

         NEW INDIA ASSURANCE COMPANY LTD
         HAVING ITS NORTH EASTERN REGIONAL OFFICE AT G.S. ROAD,
         GUWAHATI 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER.



         VERSUS

         SRI JAYANTA CHOWDHURY AND 5 ORS
         S/O SRI GOPAL CHOWDHURY, R/O JYOTINAGAR, P.O. AND P.S.
         DIBRUGARH, DIST. DIBRUGARH, ASSAM, PIN 786001

         2:FOMRA BULK CARRIERS (OWNER)
          PROPRIETOR
          SRI VIJAY FORMA
          57
          BURTALLA STREET
          KOLKATA
         WEST BENGAL
          PIN700007

         3:THE DIVISIONAL MANAGER
         THE NATIONAL INSURANCE CO. LTD.
          DIVISIONAL OFFICE NO. XIX
          6A
          SAMBHU CHATTERJEE STREET
          KOLKATA
         WEST BENGAL
          PIN 700007

         4:SRI BRIJESH YADAV
          S/O SRI RAJENDRA YADAV
          PICNIC GARDEN ROAD
          KOLKATA
                                                                              Page No.# 2/3

             WEST BENGAL
             PIN 700039

            5:SRI PAWAN KR. JAIN
             S/O LATE C.L. JAIN (SARAWAGI)
             C/O C.L. SARAWGI AND CO.
             COLE ROAD
             NEW MARKET
             DIST. DIBRUGARH
            ASSAM
             PIN 786001

            6:THE DIVISIONAL MANAGER
             NATIONAL INSURANCE CO. LTD.
             DIVISIONAL OFFICE
             KHEMKA BUILDING
             R.K. BORDOLOI PATH
             DIST. DIBRUGARH
            ASSAM
             PIN 78600

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MS. R CHOUDHURY




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 24.08.2022 Heard Ms. R.D. Mazumdar, learned counsel for the appellant/ Insurance Company and Ms. S. Islam, learned counsel for the respondent No. 1.

This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 17.11.2017, passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No. 18/2009.

The appeal is admitted.

Call for the LCR.

Issue notice to the respondent Nos. 2 to 6.

Page No.# 3/3

The appellant shall take steps for service of notice upon the respondent Nos. 2 to 6 by usual process, returnable by four weeks.

Steps be taken within three days.

No formal notice need be served to the respondent No. 1 as Ms. S. Islam, learned counsel has entered appearance and accepted notice on behalf of the respondent No. 1.

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

List the matter after four weeks.

JUDGE

Comparing Assistant