United India Insurance Co. Ltd vs Smti Anima Roy And Anr
2022 Latest Caselaw 4357 Gua

                                                                     Page No.# 1/3

GAHC010168142017




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

                                Case No. : MACApp./315/2018

            UNITED INDIA INSURANCE CO. 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 ANIMA ROY and ANR
            W/O LATE JATAN KUMAR ROY, R/O VILL. BALAGAON PT.I,
            P.O.HALTUGAON, P.S. KOKRAJHAR, PIN 783370, DIST. KOKRAJHAR, BTC
            (ASSAM)

            2:SRI UTPAL ROY
             S/O LATE JATAN KUMAR ROY
             R/O VILL. BALAGAON PT.I
             P.O. HALTUGAON
             P.S. KOKRAJHAR
             PIN 783370
             DIST. KOKRAJHAR
             BTC (ASSAM) (RESPONDENT NO. 2 BEING MINOR IS REPRESENTED BY
            LEGAL GUARDIAN I.E. RESPONDENT NO. 1 (MOTHER

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :
                                                                       Page No.# 2/3



                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                    ORDER

09.11.2022

Heard Shri R. Goswami, learned counsel for the appellant-United India Insurance Company Limited, who by means of this appeal has challenged the Judgment & Award dated 05.06.2016 by the learned MACT, Kokrajhar in MAC Case No. 37/2016.

By the impugned judgment, an award of Rs. 2,75,000/- has been granted. Shri Goswami, the learned counsel for the appellant submits that though an amount of Rs. 2,00,000/- was for personal accident, there were violation of the policy conditions and therefore, that amount would not have been granted. He, further, submits that the additional amount of Rs. 75,000/- is not contemplated under the law holding the field as the deceased is the owner of the vehicle.

Admit.

Call for the records.

Steps for service of notice upon the respondents to be taken by registered post with A/D.

Steps within two days.

At this stage, this Court is informed that in the Delay Condonation Application which was registered as I.A.(C)/1384/2018, the respondents had entered appearance.

Learned counsel for the appellant is accordingly permitted to additionally serve notice through the counsel who had earlier appeared in the delay Page No.# 3/3

condonation petition.

List this matter after 4 (four) weeks along with the Service Report.

JUDGE

Comparing Assistant