Oriental Insurance Company ... vs Smt. Jaya Baruah @ Jayabala Baruah ...
2022 Latest Caselaw 4224 Gua

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GAHC010251442019




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

                           Case No. : MACApp./49/2022

         ORIENTAL INSURANCE COMPANY LIMITED
         - HAVING ITS REGD. OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI
         ROAD, NEW DELHI-110002, AND REGIONSL OFFICE AT GUWAHATI-7, REP.
         BY THE REGIONAL MANAGER.



         VERSUS

         SMT. JAYA BARUAH @ JAYABALA BARUAH AND 4 ORS
         W/O. LT. BIREN BARUAH, R/O. VILL. UTTAR DEURI GAON, P.O.
         KETEKIBARI, P.S. TEZPUR, DIST. SONITPUR, ASSAM.

         2:PRAHELIKA BARUAH
          D/O. LT. BIREN BARUAH
          R/O. VILL. UTTAR DEURI GAON
          P.O. KETEKIBARI
          P.S. TEZPUR
          DIST. SONITPUR
         ASSAM. BEING MINOR REP. BY RESPONDENT NO. 1(MOTHER).

         3:KALYANI BARUAH
          D/O. LT. BIREN BARUAH
          R/O. VILL. UTTAR DEURI GAON
          P.O. KETEKIBARI
          P.S. TEZPUR
          DIST. SONITPUR
         ASSAM. BEING MINOR REP. BY RESPONDENT NO. 1(MOTHER).

         4:SURJIT SINGH
          R/O. LALMATI
          P.O. BELTOLS
          GUWAHATI-29
          DIST. KAMRUP
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             ASSAM
             (OWNER).

            5:KARJEET SINGH
             S/O. SURJIT SINGH
             R/O. LALMATI
             P.O. BELTOLA
             GUWAHATI-29
             DIST. KAMRUP
            ASSAM. (DRIVER

Advocate for the Petitioner   : MR. S DUTTA

Advocate for the Respondent : MS. J PAUL




                                           BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

02. 11. 2022

Heard learned counsel for the appellant.

This is an appeal filed under Section 173 of the Motor Vehicle Act, 1988 by the appellant against the judgment and award dated 04.05.2018 passed by the learned Member, MACT, Sonitpur, Tezpur in MAC case No. 73 (death)/2013.

Admit the appeal. Call for the records.

Issue notice, returnable after six weeks.

As Ms. S Ahmed, learned counsel accepts notice on behalf of respondent Nos. 1,2 and 3, no formal notice needs to be issued. However, extra copy be served to her. Appellant to take steps for issuance of notice upon the respondent Nos.4 and 5 by way of registered post with A/D as well as by usual process within a period of one week from today.

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JUDGE

Comparing Assistant