New India Assurance Co Ltd vs Niruprova Lahon And 4 Ors
2022 Latest Caselaw 4750 Gua

                                                             Page No.# 1/3

GAHC010244322022




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

                        Case No. : MACApp./817/2022

         NEW INDIA ASSURANCE CO LTD.
         HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING, 87,
         MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE
         AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, GUWAHATI
         781005, NEAR HANUMAN MANDIR

         VERSUS

         NIRUPROVA LAHON AND 4 ORS.
         W/O LATE DURBADAL LAHON, RESIDENT OF VILLAGE KEKURI AHOM,
         PO CHAMARAJAN , PS AND DIST DHEMAJI, ASSAM, 787057

         2:SMTI NITUMONI LAHON
         W/O LATE GHANASHYAM LAHON

          RESIDENT OF VILLAGE KEKURI AHOM
          PO CHAMARAJAN
          PS AND DIST DHEMAJI
          ASSAM
          787057

         3:SRI ROKTODIP LAHON
          S/O LATE GHANASHYAM LAHON

          RESIDENT OF VILLAGE KEKURI AHOM
          PO CHAMARAJAN
          PS AND DIST DHEMAJI
          ASSAM
          787057

         4:JYOTIMOI LAHON
          S/O LATE GHANASHYAM LAHON

          RESIDENT OF VILLAGE KEKURI AHOM
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             PO CHAMARAJAN
             PS AND DIST DHEMAJI
             ASSAM
             787057

            5:SRI HEMANTA DAS

            S/O AJIT DAS
            RESIDENT OF VILLAGE KUMARKATA
            PO NARAGAON
            PS NORTH LAKHIMPUR
            ASSAM
            787031

            6:SRI PRABHAT PADI
             S/O PHATIK PADI

            RESIDENT OF NO. 2 KAWAIMARI GAON
            PO BADHAKARA
            PS NORTH LAKHIMPUR
            ASSAM 78703

Advocate for the Petitioner   : MR. K K BHATTA

Advocate for the Respondent :


                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                         ORDER

02.12.2022

Heard Mr. K. K. Bhatta, learned counsel for the appellant.

By this application under Section 173 of the Motor Vehicles Act, the petitioner has prayed for setting aside and quashing the impugned judgment and order dated 31.08.2022 passed in MAC Case No. 32/2019 by the learned Member, Motor Accidents Claims Tribunal, Dhemaji.

The appeal is admitted subject to deposit of 50% of the awarded amount to be deposited with the MACT, Dhemaji within 4 (four) weeks.

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The appellant shall take steps for service of notice upon the respondents by registered A/D post and usual process within seven days.

Call for the LCR.

List the matter on receipt of the LCR.

JUDGE

Comparing Assistant