New India Assurance Company ... vs Sri Shiva Nath Dahutia And 2 Ors
2022 Latest Caselaw 421 Gua

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GAHC010004342019




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

                                Case No. : MACApp./329/2021

            NEW INDIA ASSURANCE COMPANY LIMITED
            HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING
            87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL
            OFFICE AT GS ROAD, BHANGAGARH, GUWAHATI 781005



            VERSUS

            SRI SHIVA NATH DAHUTIA AND 2 ORS
            S/O LATE PADMESWAR DAHUTIA, RESIDENT OF NO. 1 CHELLENGURI, PO
            CHELLENGURI PS KAKOPATHAR, DIST TINSUKIA, ASSAM, 786125

            2:MR. SHAMBHU CHOUDHURY
             S/O LATE DINANATH CHOUDHURY
            RESIDENT OF KAKOPATHAR MAIN ROAD
             PO AND PS KAKOPATHAR
             DIST TINSUKIA
            ASSAM
             786152
            OWNER OF THE VEHICLE NO. AS-23-H-7482(MOTOR CYCLE)

            3:MR. UJJAL SUTRADHAR
             S/O SRI RATAN SUTRADHAR

            RESIDENT OF KAKOPATHAR SEUJPUR
            PO AND PS KAKOPATHAR
            DIST TINSUKIA
            ASSAM
            786152
            DRIVER OF THE VEHICLE NO. AS-23-H-7482(MOTOR CYCLE

Advocate for the Petitioner   : MR. K K BHATTA
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Advocate for the Respondent : MR S ISLAM (R-2)




                                    BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : --08.02.2022

Heard Mr. K.K. Bhatta, learned counsel for the appellant. This appeal has been preferred by the Insurance Company under section 173 of the M.V. Act against the judgment and award dated 20.08.2018, passed by the learned Member, MACT Tinsukia in MAC Case No. 86/2016.

Appeal is admitted for hearing.

Issue notice returnable within six (6) weeks.

Appellant shall take steps for service of notice upon the respondents by registered posts with AD as well as by other usual process.

List the matter after six (6) weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant