National Insurance Company ... vs Smti Bina Boro And 2 Ors
2022 Latest Caselaw 3566 Gua

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GAHC010016142019




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

                                Case No. : MACApp./702/2022

            NATIONAL INSURANCE COMPANY LIMITED
            HAVING ITS REGISTERED OFFICE AT KOLKATA AND ONE OF THE
            REGIONAL OFFICES AT G.S. ROAD, GUWAHATI.



            VERSUS

            SMTI BINA BORO AND 2 ORS
            W/O- LATE DHANESHWAR BORO, R/O- VILL.- BHAKATPARA, P.S.
            KALAIGAON, DIST.- UDALGURI, ASSAM AND PRESENTLY RESIDING AT
            C/O- SUNIL DAS, VILL.- KHARUPETIA, WARD NO. 7, P.O. AND P.S.
            KHARUPETIA, DIST.- DARRANG, ASSAM, PIN- 784115

            2:SHRI BHABEN BORO
             S/O- LATE KHASTI BORO
            R/O- NO. 2 BORIGAON
             DIST.- UDALGURI
            ASSAM
             PIN- 784509.

            3:SHRI RUBUL HOQUE
             S/O- INUL HOQUE

            R/O- VILL. NO. 2 THEKERABARI
            P.O.- DHULA
            DIST.- DARRANG
            ASSAM
            PIN- 784146

Advocate for the Petitioner   : MR S S SHARMA

Advocate for the Respondent : MR A ALI
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                                    BEFORE
                      HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                      ORDER

Date : 14.9.2022

Ms. L. Sarma, learned counsel for the appellant submits that this appeal is filed against the judgment and order dated 31.5.2018 passed by learned Tribunal, Darrang at Mangaldoi in MAC (D)Appl. No. 30/2016. Learned counsel for the appellant submits that the learned Tribunal had erred in the calculation of the award which is excess of the awarded amount entitled as per law. The appeal is admitted.

Issue notice upon the respondents. No formal notice need be issued to respondent No.1 as Mr. R. Islam, learned counsel accepts notice. However memo of appeal be served upon him. Issue notice upon the other respondents through registered post with A/D returnable within four weeks as well as through usual process. Appellant to take necessary steps. List after four weeks.

In the meantime, LCR be called for.

JUDGE

Comparing Assistant