Reliance General Insurance Co. ... vs Smti. Shanti Prabha Barman Das And ...
2022 Latest Caselaw 3437 Gua

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GAHC010027872020




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

                                Case No. : MACApp./642/2022

            RELIANCE GENERAL INSURANCE CO. LTD
            HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE, WALCHAND
            HIRACHAND MARG, BALLARD ESTATE, MUMBAI-400001 AND ONE OF ITS
            BRANCH OFFICE AT ABC, G.S. ROAD, GUWAHATI-781005.

            VERSUS

            SMTI. SHANTI PRABHA BARMAN DAS AND 3 ORS
            W/O LATE TAPAN KR. DAS, R/O ABHYAPURI TOWN, SAHITYA SABHA
            PATH, WARD NO.3, P.O. AND P.S. ABHYAPURI, DIST. BONGAIGAON,
            ASSAM, PIN 783380

            2:MD. ATIKULLAH KHAN
             R/O VILL. MATHURI
             R/O MATHURI
             P.O. NOWANAGAR
             BALLIA
             PIN 277001.H
             UTTAR PRADESH. OWNER OF THE VEHICLE NO. UP-60-T-0016 TRUCK.

            3:MD. ATIQUELLAH KHAN
             S/O MD. S. KHAN
             R/O MEELORD STREET
             KOLKATA-700016
            WEST BENGAL. DRIVER OF THE VEHICLE NO. UP-60-T-0016 TRUCK

            4:THE DIVISIONAL MANAGER

             UNITED INDIA INSURANCE CO. LTD.
             BONGAIGAON DIVISIONAL OFFICE MAIN ROAD
             BONGAIGAON
             ASSAM. INSURER OF VEHICLE NO. AS-19-D-8858 HYUNDAI I-20

Advocate for the Petitioner   : MR. K K BHATTA
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Advocate for the Respondent : MR. A J SAIKIA (R4)




                                  BEFORE
                   HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 08/09/2022

Heard Mr. K.K. Bhatta, the learned counsel appearing on behalf of the

appellant and Mr. G.S. Boro, the learned counsel appearing on behalf of the respondent No. 4 and Mr. C. Sharma, the learned counsel appearing on behalf of the respondent No. 1.

This appeal is directed against the judgment and award passed in MAC Case No.84/2012, whereby an amount of Rs.43,42,100/- along with interest @6% per annum from the date of filing of the claim proceedings till realisation.

The instant appeal is admitted.

Issue notice upon the respondent Nos. 2 and 3 returnable by (six) weeks.

Call for the records.

As the respondent No. 1 and 4 are duly represented by the learned

counsel, no formal notice needs to be issued to them. However, extra copies of the Memo of Appeal be served upon the learned counsel for the respondent No. 1 and 4 within 3(three) days.

Steps upon the respondent Nos. 2 and 3 by way of registered post with A/D as well as by usual process within 3(three) days from today.

JUDGE

Comparing Assistant