New India Assurance Co Ltd vs Manjila Mandal And 4 Ors
2022 Latest Caselaw 4288 Gua

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GAHC010028682019




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

                        Case No. : MACApp./765/2022

         NEW INDIA ASSURANCE CO LTD
         A CO. REGISTERED UNDER THE COMPANIES ACT 1956, REPRESENTED BY
         ITS REGIONAL MANAGER, G.S. ROAD, GUWAHATI 5, DIST. KAMRUP,
         ASSAM

         VERSUS

         MANJILA MANDAL AND 4 ORS
         W/O LATE CHANDRA MANDAL, R/O VILL. BATGAON, MATABORI, P.O.
         CHENGA, PS. TARABARI, DIST. BARPETA, ASSAM

         2:JUGAL MANDAL
          S/O LATE JADAB MANDAL
          R/O VILL. BATGAON
          MATABORI
          P.O. CHENGA
          PS. TARABARI
          DIST. BARPETA
         ASSAM.

         3:MINU BALAL MANDAL

          W/O JUGAL MANDAL
          R/O VILL. BATGAON
          MATABORI
          P.O. CHENGA
          PS. TARABARI
          DIST. BARPETA
          ASSAM.

         4:BAPPI MANDAL
          S/O LATE CHANDRA MANDAL
          (RESPONDENT NO. 4 BEING MINOR BEING REPRESENTED BY HIS
         NATURAL GUARDIAN
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             MOTHER I.E. RESPONDENT NO. 1) R/O VILL. BATGAON
             MATABORI
             P.O. CHENGA
             PS. TARABARI
             DIST. BARPETA
             ASSAM.

            5:SATTAR KHA
             S/O LT. SAIMUDDIN KHA
             R/O VILL. SUBASH MALLIK
             GOBINDA NAGAR
             P.S. FATASIL AMBARI
             GUWAHATI
             DIST. KAMRUP (M)
            ASSAM
             PIN 78100

Advocate for the Petitioner   : MRS B ACHARYA

Advocate for the Respondent : MR. B N SARMA, SR.ADV.




                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                           ORDER

Date : 04.11.2022

Heard Mr. A. Acharya, 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 01.09.2018 passed by the learned Member, MACT, Barpeta in MAC Case No.327/2015

Admit the appeal.

Call for the LCR.

Issue notice, returnable within 6(six) weeks.

Appellant to take steps for issuance of notice upon the respondent No.5 by way of registered post with A/D as well as by usual process within a period of one week from today.

As the respondent Nos.1, 2, 3 and 4 are duly represented, no formal notice be Page No.# 3/3

required in respect of them. However, extra copies of the appeal memo be furnished to their learned counsel.

JUDGE

Comparing Assistant