Sbi General Insurance Company Ltd vs Urmila Sahu And 4 Ors
2022 Latest Caselaw 5156 Gua

                                                                 Page No.# 1/3

GAHC010237472022




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

                         Case No. : MACApp./865/2022

         SBI GENERAL INSURANCE COMPANY LTD.
         JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA
         ROAD, ANDHERI (EAST), MUMBAI- 400069 REGIONAL OFFICE AT 4TH
         FLOOR, B BLOCK, APEEJAY HOUSE, 15 PARK STREET, KOLKATA- 70000165
         AND BRANCH OFFICE AT 2ND FLOOR, LAKSHMI DARSHAN BUILDING,
         OPPOSITE BORA SERVICE, G.S. ROAD, ULUBARI, GUWAHATI-
         781007(ASSAM).

         VERSUS

         URMILA SAHU AND 4 ORS.
         W/O LATE BIJOY SAHU,
         R/O NATUN NAGAR, NEAR H.P. PETROL PUMP,
         P.O. AND P.S.- MORAN,
         DIST.- DIBRUGARH, ASSAM.

         2:DIVYANSH SAHU
          (MINOR) REP. BY HIS LEGAL GUARDIAN MOTHER
         THAT IS
          RESPONDENT NO. 1
          S/O LATE BIJOY SAHU
          R/O NATUN NAGAR
          NEAR H.P. PETROL PUMP
          P.O. AND P.S.- MORAN
          DIST.- DIBRUGARH
         ASSAM.

         3:RAJKUMARI SAHU
         W/O LATE BRAJANATH SAHU
          R/O NATUN NAGAR
          NEAR H.P. PETROL PUMP
          P.O. AND P.S.- MORAN
          DIST.- DIBRUGARH
         ASSAM.
                                                                       Page No.# 2/3


            4:NAVA JYOTI KALITA
             S/O LOHIT KALITA
             C/O LATE GAFUR KHAN
             R/O F/NO. 101 ZENITH HEIGHTS HOME ANAND KERAKUCHI (NEAR
            HOCKEY STADIUM)
             P.O.- SAWKUCHI
             P.S.- BASISTHA
             GUWAHATI- 781034
             DIST.- KAMRUP(M)
            ASSAM.

            5:MOHAR ALI
             S/O DADAL ALI
             R/O TELAHI NO. 1
             P.O.- BANGALDHARA
             P.S.- DHARAMTUL
             DIST.- MORIGAON
            ASSAM PIN- 782412

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :


                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                           ORDER

Date : 22.12.2022

Heard Mr. R. Goswami, learned counsel for the appellant.

By this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant has prayed for setting aside and quashing of the impugned judgment and award, dated 24.08.2022, passed in MAC Case No. 10/2020 (Death) by the learned Member, MACT, Dibrugarh.

Admit this appeal subject to deposit of 50% of the awarded amount to the Registry of this Court within six weeks.

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Issue notice.

Call for the records.

Steps be taken by registered A/D post as well as by usual process.

List this matter after 6 (six) weeks.

JUDGE

Comparing Assistant