Page No.# 1/3 vs The New India Assurance Company ...
2022 Latest Caselaw 3550 Gua

                                                                      Page No.# 1/3

GAHC010318442019




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

                                Case No. : MACApp./563/2022

            SMTI. PURABI DAS AND 2 ORS
            WIFE OF LATE GOPAL DAS, RESIDENT OF VILLAGE AMOLAPATTY GUARD
            QUARTER, DIBRUGARH, P.O, P.S. AND DISTRICT DIBRUGARH, ASSAM.

            2: MISS ANANYA DAS
             DAUGHTER OF LATE GOPAL DAS
             RESIDENT OF VILLAGE AMOLAPATTY GUARD QUARTER
             DIBRUGARH
             P.O
             P.S. AND DISTRICT DIBRUGARH
            ASSAM.

            3: SRI BAIBHAB DAS
             DAUGHTER OF LATE GOPAL DAS
             RESIDENT OF VILLAGE AMOLAPATTY GUARD QUARTER
             DIBRUGARH
             P.O
             P.S. AND DISTRICT DIBRUGARH
            ASSAM. REPRESENTED BY HER MOTHER SMTI PURABI DAS

            VERSUS

            THE NEW INDIA ASSURANCE COMPANY LIMITED AND ANR
            DIGBOI BRANCH, P.O. AND P.S. DIGBOI, DISTRICT TINSUKIA, ASSAM

            2:M/S ADITI R AND D SERVICES
             DIGBOI RILEX COMPLEX DIGBOI CHARIALI
             P.O. AND P.S. DIGBOI
             DIST. TINSUIKIA
            ASSAM

Advocate for the Petitioner   : MR. A R SHOME

Advocate for the Respondent : MS. R D MOZUMDAR
                                                            Page No.# 2/3




Linked Case : I.A.(Civil)/360/2020

SMTI. PURABI DAS AND 2 ORS
WIFE OF LATE GOPAL DAS
RESIDENT OF VILLAGE AMOLAPATTY GUARD QUARTER
DIBRUGARH
P.O
P.S. AND DISTRICT DIBRUGARH
ASSAM.

2: MISS ANANYA DAS
DAUGHTER OF LATE GOPAL DAS
 RESIDENT OF VILLAGE AMOLAPATTY GUARD QUARTER
 DIBRUGARH
 P.O
 P.S. AND DISTRICT DIBRUGARH
ASSAM.

3: SRI BAIBHAB DAS
DAUGHTER OF LATE GOPAL DAS
RESIDENT OF VILLAGE AMOLAPATTY GUARD QUARTER
DIBRUGARH
P.O
P.S. AND DISTRICT DIBRUGARH
ASSAM. REPRESENTED BY HER MOTHER SMTI PURABI DAS.
VERSUS

THE NEW INDIA ASSURANCE COMPANY LIMITED AND ANR
DIGBOI BRANCH
P.O. AND P.S. DIGBOI
DISTRICT TINSUKIA
ASSAM

2:M/S ADITI R AND D SERVICES
DIGBOI RILEX COMPLEX DIGBOI CHARIALI
 P.O. AND P.S. DIGBOI
 DIST. TINSUIKIA
ASSAM.
 ------------
Advocate for : MR. A R SHOME
Advocate for : appearing for THE NEW INDIA ASSURANCE COMPANY LIMITED
AND ANR
                                                                              Page No.# 3/3




                                    BEFORE
                      HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                           ORDER

Date : 14.09.2022

Heard Mr. S.R. Shome, learned counsel for the appellants who has filed this appeal against the Judgment & Order dated 02.02.2019 in MACT case No. 88/2013 passed by the learned Tribunal Dibrugarh.

The learned counsel submits that the learned Tribunal had erred a given an award of only Rs.2,00,000/- as personal limited liability, wherein the driver of the vehicle is not the owner of the vehicle.

Appeal is admitted.

Ms. C. Mozumdar, learned counsel for the respondent No.1 is present.

Issue notice upon the respondent No.2 through Registered post with A/D as well as through the usual process.

List the matter after the ensuing vacation. In the meantime, LCR is to be called for.

JUDGE

Comparing Assistant