United India Insurance Company ... vs Shri Padam Chand Jain And 5 Ors
2022 Latest Caselaw 3251 Gua

                                                                 Page No.# 1/3

GAHC010259332019




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

                         Case No. : MACApp./572/2022

         UNITED INDIA INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AT 24, WHITES ROAD, CHENNAI- 600014
         REPRESENTED BY ITS REGIONAL OFFICE, G.S. ROAD, GUWAHATI-5
         VERSUS
         SHRI PADAM CHAND JAIN AND 5 ORS
         S/O SRI DHARAM CHAND JAIN, RESIDENT OF HOTEL RELAX BUILDING,
         2ND FLOOR, SRCB ROAD, FANCY BAZAR, GUWAHATI, P.S. PANBAZAR,
         DIST. KAMRUP(M), ASSAM, PIN 781001 PRESENTLY RESIDING AT C/O
         NEHA APARTMENT, BLOCK 7B, 6TH FLOOR, ATHGAON, GUWAHATI, PIN
         781001, MOBILE 7670006501
         2:SMT. VAISHALI JAIN
          D/O SRI PADAM CHAND JAIN
          RESIDENT OF HOTEL RELAX BUILDING
          2ND FLOOR
          SRCB ROAD
          FANCY BAZAR
          GUWAHATI
          P.S. PANBAZAR
          DIST. KAMRUP(M)
         ASSAM
          PIN 781001
         PRESENTLY RESIDING AT C/O NEHA APARTMENT
          BLOCK 7B
          6TH FLOOR
         ATHGAON
          GUWAHATI
          PIN 781001
          MOBILE 7670006501

         3:SRI RISHAB PHUKAN
          S/O LATE JITEN PHUKAN
         C/O S. PHUKAN
         ANUBHAV APARTMENT
          FLAT NO. 006
                                                                   Page No.# 2/3

             BELTOLA
             BASISTHAPUR
             GUWAHATI
             DIST. KAMRUP(M)
            ASSAM
             PIN 781029
             MOBILE 9435051900
            OWNER OF VEHICLE NO. AS-01-FC-6100(BUS)
            4:SRI RITU GOGOI
             S/O BISWA GOGOI
             R/O VILLAGE GOURISAGAR
             BUS GAON
             DIST. SIBSAGAR
            ASSAM
            DRIVER OF VEHICLE NO. AS-01-FC-6100(BUS)
            5:MRS. RANJITA SARMA
            W/O MAHESH SARMA
             R/O 4TH FLOOR
            VISHNU MARKET
            AT ROAD
             NEAR RAILWAY GATE NO.5
             GUWAHATI
             DISTRICT KAMRUP(M)
            ASSAM
             PIN 781001
             MOBILE NO. 9435191566
            OWNER OF VEHICLE NO. AS-01-AX-1133 (NISSAN CAR)
            6:M/S BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
             REGISTERED AND HEAD OFFICE AT GE PLAZA
            AIRPORT ROAD
            YERWADA
             PUNE
             PIN 411006.

            AND HAVING ONE OF ITS GUWAHATI ZONE(B) OFFICE AT CENTRE POINT
             2B
             2ND FLOOR
             NH CENTRE POINT
             OPPOSITE TO BORA SERVICE STATION
             G.S. ROAD
             ULUBARI
             GUWAHATI-781007
            INSURER OF VEHICLE NO. AS-01-AX-1133 (NISSAN CAR)

Advocate for the Petitioner   : MR S S SHARMA

Advocate for the Respondent : MR. S K JAIN
                                                                                   Page No.# 3/3




                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                        ORDER

Date : 26.08.2022 Heard Mr. H. Buragohain, learned counsel for the appellant/ Insurance Company and Mr. S.K. Jain, learned counsel for the respondent/ claimant Nos. 1 and 2.

This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 24.04.2019, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (Metro), Guwahati in MAC Case No. 672/2016.

The appeal is admitted.

Call for the LCR.

Issue notice to the respondent Nos. 3 to 6.

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

Steps be taken within three days from today.

No formal notice need be served upon the respondent Nos. 1 and 2 as Mr. S.K. Jain, learned counsel has entered appearance and accepted notice on behalf of the respondent Nos. 1 and 2.

However, extra copy of the memo of appeal and its annexures appended thereto be served to the learned counsel for the respondent Nos. 1 and 2 within three days from today.

List the matter after four weeks.

JUDGE

Comparing Assistant