Sri Nripen Hazarika vs Sri Gahin Hazarika And 5 Ors
2022 Latest Caselaw 4109 Gua

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GAHC010030572019




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

                           Case No. : MACApp./617/2022

         SRI NRIPEN HAZARIKA
         S/O LATE BOLORAM HAZARIKA, RESIDENT OF WARD NO. 18, BISWAJIT
         BORAH PATH (KAMARCHUBURI) PO AND PS TEZPUR 784001,DIST
         SONITPUR, ASSAM



         VERSUS

         SRI GAHIN HAZARIKA AND 5 ORS
         S/O BUDHIRAM HAZARIKA. R/O VILLAGE SALAGURI, PO SALAGURI, PS
         DHING, DIST NAGAON, ASSAM, 782001 OWNER OF THE VEHICLE NO, AS-
         25BC/3705,AC P/VAN

         2:NRIPEN HAZARIKA
          S/O LATE BOLORAM HAZARIKA

         RESIDENT OF WARD NO. 18
         BISWAJIT BORAH PATH (KAMARCHUBURI) PO AND PS TEZPUR 784001
         DIST SONITPUR
         ASSAM
         OWNER OF THE VEHICLE NO. AS-12N/6450
         DUSTER

         3:SRI PINKU DAS
          S/O MAINA DAS

         RESIDENT OF VILLAGE SALAGURI PO SALAGURI
         PS DHING
         DIST NAGAON
         ASSAM
         782001
         DRIVER OF THE VEHICLE NO. AS-5/BC-3705
         AC
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             P/VAN

             4:SRI NRIPEN HAZARIKA
              S/O LATE BOLORAM HAZARIKA

             RESIDENT OF WARD NO. 18
             BISWAJIT BORAH PATH (KAMARCHUBURI) PO AND PS TEZPUR 784001
             DIST SONITPUR
             ASSAM
             DRIVER OF THE VEHICLE NO. AS-12N/6450
             DUSTER

             5:BRANCH MANAGER
              ORIENTAL INSURANCE CO. LTD.
              PO AND PS TEZPUR
              784001 DIST SONITPUR
             ASSAM

             INSURER OF THE VEHICLE NO. AS-25BC/3705
              AC P/VAN

             6:BAJAJ ALLIANZ GENERAL INSURANCE CO LTD.
             TEZPUR BRANCH
              2B
              2ND FLOOR
              CENTRE POINT
              GS ROAD
              ULUBARI
              GUWAHATI 781007
              DIST KAMRUP M ASSAM
              INSURER OF THE VEHICLE NO. AS-12N/6450
              DUSTE

Advocate for the Petitioner   : MR. S C BISWAS

Advocate for the Respondent : MR SISHIR DUTTA




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

26.10.2022

Heard Mr. S. C. Biswas, the learned counsel for the appellant.

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This is an appeal against the judgment and Order dated 03.10.2018 passed by the learned Member, MACT, Sonitpur, Tezpur, in MAC Case No. 103/2017 (I).

Appeal is admitted.

Call for the records.

Issue notice returnable after six weeks.

As the respondent Nos. 5 and 6 are duly represented by Ms. M. Choudhury, learned counsel, and Mr. P. M. Talukdar, learned counsel respectively, no formal notice need be issued to the said respondents. However, extra copies of the appeal memo be furnished to Ms. Choudhury and Mr. Talukdar, learned counsel.

The appellant to take steps for issuance of notice upon the respondent Nos. 1, 2, 3 and 4 by way of registered post with A/D as well as by usual process within a period of seven days from today.

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

JUDGE

Comparing Assistant