United India Insurance Company ... vs Smti Kanika Brahma And 5 Ors
2022 Latest Caselaw 2162 Gua

                                                                     Page No.# 1/3

GAHC010194992018




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

                          Case No. : MACApp./218/2022

         UNITED INDIA INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24 WHITES
         ROAD, CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD, DISPUR,
         GUWAHATI.



         VERSUS

         SMTI KANIKA BRAHMA AND 5 ORS
         W/O- LATE DILIP BRAHMA, R/O- VILL.- BELGURI, AMBARI, P.S.
         MUSHALPUR, DIST.- BAKSA (BTAD), ASSAM, PIN- 783334.

         2:DONALDIN BRAHMA
          S/O- LATE DILIP BRAHMA
          R/O- VILL.- BELGURI
         AMBARI
          P.S. MUSHALPUR
          DIST.- BAKSA (BTAD)
         ASSAM
          PIN- 783334.

         3:PRUDENCE BRAHMA
          S/O- LATE DILIP BRAHMA
          R/O- VILL.- BELGURI
         AMBARI
          P.S. MUSHALPUR
          DIST.- BAKSA (BTAD)
         ASSAM
          PIN- 783334.

         4:SRIMATI DAMAYANTI BRAHMA
          D/O- LATE DILIP BRAHMA
          R/O- VILL.- BELGURI
                                                                   Page No.# 2/3

             AMBARI
             P.S. MUSHALPUR
             DIST.- BAKSA (BTAD)
             ASSAM
             PIN- 783334. (RESPONDENT NOS. 2
             3 AND 4 BEING MINORS ARE REP. BY THEIR LEGAL GUARDIAN MOTHER
             RESPONDENT NO. 1).

             5:SMTI KANAN SAHA
             W/O- NIRMAL SAHA
              R/O- VILLAGE WARD NO. 3
              MANGALDOI TOWN
              P.S. MANGALDOI
              DIST.- DARRANG
             ASSAM
              PIN- 783129. (OWNER OF THE BUS NO. AS-13/C-2881).

             6:NANDESWAR NATH
              S/O- SRI RUPARAM NATH
              R/O- VILL.- PUB DEONA GAON
              P.O. RAMURI
              P.S. MANGALDOI
              DIST.- DARRANG
             ASSAM
              PIN- 784125. (DRIVER OF THE BUS NO. AS-13/C-2881)

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : MR D MONDAL




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                        ORDER

23.06.2022

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

This is an appeal against the judgment and award dated 28.02.2018 passed by the learned Member, MACT, No. 2, Kamrup (M) in MAC Case No. 971/2014.

Appeal is admitted.

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Call for the records.

Issue notice returnable after six weeks.

The appellant to take steps for issuance of notice upon the respondent Nos. 5 and 6 by way of registered post with A/D as well as by usual process within a period of seven days from today.

As Mr. D. Mondal, learned counsel accepts notice on behalf of the respondent Nos. 1, 2, 3 and 4, no formal notice need be issued against them.

List this matter after six weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant