Sbi General Insurance Company Ltd vs Lukumani Deka @ Lukumani Majumdar ...
2022 Latest Caselaw 5164 Gua

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GAHC010249822022




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

                        Case No. : MACApp./871/2022

         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 OFFICE AT 2ND FLOOR,
         LAKSHMI DARSHAN BUILDING OPP. BORA SERVICE GS ROAD, ULUBARI,
         GUWAHATI 781007 ASSAM



         VERSUS

         LUKUMANI DEKA @ LUKUMANI MAJUMDAR DEKA AND 5 ORS.
         W/O LATE MAHANANDA DAS
         RESIDENT OF VILLAGE JAGUBARI, PS SONAPUR, DIST KAMRUP , ASSAM

         2:MISS MONIKA DEKA
          D/O LATE MAHANANDA DAS
         RESIDENT OF VILLAGE JAGUBARI
          PS SONAPUR
          DIST KAMRUP
         ASSAM
         TO BE REP. BY. RES. NO. 1

         3:SMTI KASHYELYA DEKA
         W/O SRI NABIN DEKA
         RESIDENT OF VILLAGE JAGUBARI
          PS SONAPUR
          DIST KAMRUP
         ASSAM

         4:SRI PREM NATH SAHU
          S/O LATE DULAL SAHU
         RESIDENT OF NIMATI ROAD
          PO AND DIST JORHAT
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             ASSAM 785108

            5:SRI HRIDAY MANDAL
             S/O SRI MANESWAR MANDAL
            RESIDENT OF WARD NO. 7
             PS DHEKIAJULI
             DIST SONITPUR
            ASSAM

            6:SRI NABIN DEKA
             F/O LATE MAHANANDA DEK

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 MV Act, the appellant has prayed for setting aside and quashing of the Judgment and Award, dated 03.09.2022 passed by the learned Member, MACT No.2, Kamrup (M) in MAC Case No. 1972/2018.

The appeal is admitted.

Call for the LCR.

Issue notice to the respondents. The appellant/applicant shall take steps for service of notice upon the respondents by registered post with A/D post.

List the matter after 6(six) weeks.

JUDGE Page No.# 3/3

Comparing Assistant