Oriental Insurance Co. Ltd vs Subash Nayak And Anr
2022 Latest Caselaw 3543 Gua

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GAHC010182502022




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

                                Case No. : MACApp./672/2022

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


            VERSUS

            SUBASH NAYAK AND ANR.
            S/O LATE RAMESH NAYAK @ LT. RAM CHANDU NAYAK,
            R/O SAMDANG T.E., LINE NO. 22,
            P.O.- SAMDANG,
            P.S.- DOOMDOOMA,
            DIST.- TINSUKIA, ASSAM, PIN- 786151.

            2:BIJOY ROY
             S/O BIMAL ROY

            R/O DOOMDOOMA TOWN BHARAT BHUMI PATH

            P.O. AND P.S.- DOOMDOOMA

            DIST.- TINSUKIA
            ASSAM
            PIN- 786151

Advocate for the Petitioner   : MS. M CHOUDHURY

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

           Linked Case : I.A.(Civil)/2791/2022

          ORIENTAL INSURANCE CO. LTD.
          HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE
          A-25/27
          ASAF ALI ROAD
          NEW DELHI 110002
          AND REGIONAL OFFICE AT GUWAHATI- 7
          REP. BY THE REGIONAL MANAGER.


           VERSUS

          SUBASH NAYAK AND ANR.
          S/O LATE RAMESH NAYAK @ LT. RAM CHANDU NAYAK
          R/O SAMDANG T.E.
          LINE NO. 22
          P.O.- SAMDANG
          P.S.- DOOMDOOMA
          DIST.- TINSUKIA
          ASSAM
          PIN- 786151.

          2:BIJOY ROY
          S/O BIMAL ROY
           R/O DOOMDOOMA TOWN BHARAT BHUMI PATH
           P.O. AND P.S.- DOOMDOOMA
           DIST.- TINSUKIA
          ASSAM
           PIN- 786151.
           ------------
          Advocate for : MS. M CHOUDHURY
          Advocate for : appearing for SUBASH NAYAK AND ANR.



                                 BEFORE
                   HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                          ORDER

Date : 14.9.2022

Heard Ms. M. Choudhury, learned counsel for the appellant who has filed this appeal against the judgment and order dated 22.6.2022 passed by the learned Member, MACT, Tinsukia in MAC Case No. Page No.# 3/3

3/2018.

Learned counsel submits that the learned Tribunal had erred in not considering the fact that the driver is the owner of the offending vehicle, amongst other ground.

Appeal is admitted.

Issue notice upon the respondents through registered post with A/D as well as usual process. Notice is made returnable after four weeks. List this matter after four weeks. In the meantime, Call for the LCR

JUDGE

Comparing Assistant