Page No.# 1/3 vs The Oriental Insurance Company ...
2022 Latest Caselaw 2180 Gua

                                                         Page No.# 1/3

GAHC010241392018




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



          : MACApp./998/2018

         SMTI. SANTANA SAHA AND 4 ORS
         W/O BABUL SAHA (WIFE OF DECEASED)
         R/O BELTOLA
         WARD NO. 1
         BARPETA ROAD
         P.O. HOWLY
         P.S. BARPETA
         DIST. BAREPETA
         ASSAM
         PIN 781316

         2: MADAN SAHA
         S/O LATE BABUL SAHA
          R/O BELTOLA
         WARD NO. 1
          BARPETA ROAD
          P.O. HOWLY
          P.S. BARPETA
          DIST. BAREPETA
         ASSAM
          PIN 781316

         3: MOHAN SAHA
         S/O LATE BABUL SAHA
         R/O BELTOLA
         WARD NO. 1
         BARPETA ROAD
         P.O. HOWLY
         P.S. BARPETA
         DIST. BAREPETA
         ASSAM
         PIN 781316
                                                               Page No.# 2/3


4: MISS ASHA SAHA
D/O LATE BABUL SAHA AND SHE IS REPRESENTED BY HER MOTHER I.E.
THE APPELLANT NO. 1
R/O BELTOLA
WARD NO. 1
BARPETA ROAD
P.O. HOWLY
P.S. BARPETA
DIST. BAREPETA
ASSAM
PIN 781316

5: SMTI KALPANA SAHA

MOTHER OF BABUL SAHA
R/O BELTOLA
WARD NO. 1
BARPETA ROAD
P.O. HOWLY
P.S. BARPETA
DIST. BAREPETA
ASSAM
PIN 781316
VERSUS

THE ORIENTAL INSURANCE COMPANY LIMITED AND 2 ORS
REPRESENTED BY ITS CHIEF REGIONAL MANAGER
ULUBARI, GUWAHATI-7
POLICY NO. 322302/31/2014/5133 VALID UP TO 24.09.2014 INSURER OF
VEHICLE NO. AS-15/8817

2:AYNAL HOQUE
S/O MD. AKBAR ALI
 VILL. SATBHANIRTUP, P.O. HOWLY
 P.S. HOWLY, DIST. BARPETA
 ASSAM
 PIN 781316 (OWNER OF THE OFFENDING VEHICLE NO. AS-15-8817)
 3:MD. GAFUR ALI AHMED
S/O MD. AKAL UDDIN, VILL. UTTAR ATHIABARI
 P.O. ATHIABARI, P.S. BARPETA ROAD
 DIST. BARPETA, ASSAM
 PIN 781315 D/L NO. F/1665/B VALID UP TO 16.01.2016 (DRIVER OF THE
OFFENDING VEHICLE NO. AS-15/8817)
 ------------
 Advocate for : MR. S RAHMAN
Advocate for : MR. S K GOSWAMI (R1) appearing for THE ORIENTAL
INSURANCE COMPANY LIMITED AND 2 ORS
                                                                      Page No.# 3/3




                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                      ORDER

Date : 24.6.2022

Heard Sk. Muktar, learned counsel for the appellants. Mr. R. C. Paul, learned counsel for respondent No.1.

This is an appeal against the judgment and order dated 30.7.2018 passed by the learned Addl. District Judge(FTC) No.3 cum Member MACT, Kamrup(M), at Guwahati in MACT case No. 1102/2014.

Appeal is admitted for hearing.

Call for the records.

Issue notice returnable after six weeks

As the respondent No. 1 is duly represented by Mr. Paul, learned counsel, no formal notice need be issued. However extra copy be served on the learned counsel for respondent No.1. Appellants to take steps upon the respondent Nos. 2 and 3 within a period of one week from today by way of registered post with A/D as well as usual process.

JUDGE

Comparing Assistant