National Insurance Co. Ltd vs Jagat Brahma And 4 Ors
2022 Latest Caselaw 3639 Gua

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GAHC010229462021




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

                         Case No. : MACApp./16/2022

         NATIONAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA AND
         ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL
         OFFICE, G.S. ROAD, BHANGAGARH, GUWAHATI-5, ASSAM



         VERSUS

         JAGAT BRAHMA AND 4 ORS.
         FATHER OF LATE LAKHI BRAHMA, R/O- VILL.- CHANDRAPUR, CTPS,
         HOUSE NO. 13, P.S. PRAGJYOTISHPUR, DIST.- KAMRUP, ASSAM

         2:RISHI BRAHMA
          MINOR SON OF LATE LAKHI BRAHMA
          SON OF SRI PANKAJ BORO @ BRAHMA
          R/O- VILL.- CHANDRAPUR
          CTPS
          HOUSE NO. 13
          P.S. PRAGJYOTISHPUR
          DIST.- KAMRUP
         ASSAM

         3:GAUTAM BRAHMA
          S/O- SRI JAGAT BRAHMA
          R/O- VILL.- CHANDRAPUR
          CTPS
          HOUSE NO. 13
          P.S. PRAGJYOTISHPUR
          DIST.- KAMRUP
         ASSAM

         4:SMTI RINI BRAHMA
          D/O- SRI JAGAT BRAHMA
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             R/O- VILL.- CHANDRAPUR
             CTPS
             HOUSE NO. 13
             P.S. PRAGJYOTISHPUR
             DIST.- KAMRUP
             ASSAM

            5:PANKAJ BORO @ BRAHMA
             HUSBAND OF LATE LAKHI BRAHMA AND FATHER OF CLAIMANT NO.2
            RISHI BRAHMA
             RESIDENT OF BONDA
             P.S. RLY. GATE
             DIST.- KAMRUP
            ASSA

Advocate for the Petitioner   : MR C PHUKAN

Advocate for the Respondent : MS D D ROY (R-1)




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                        ORDER

Date :19.09.2022 Heard Mr. C. Phukan, learned counsel for the appellant.

This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 09.02.2021, 22.02.2021 and 15.11,2021, passed by the learned Member, Motor Accident Claims Tribunal No.1, Kamrup (Metro), Guwahati in MAC Case No. 2667/2015.

The learned counsel for the appellant submits that in page No. 3 of the memo of appeal, the father's name of the respondent No. 1 was wrongly mentioned as late Lakhi Barman in place of late Jumi Barman and in page No. 4, the father's name of respondent No. 2 was also Page No.# 3/3

wrongly mentioned as late Lakhi Barman in place of late Jumi Barman and prays for correction of the said mistake.

The prayer is allowed.

The learned counsel for the appellant is directed to correct the same in presence of the Registry.

The appeal is admitted.

Call for the LCR.

Issue notice to the respondents.

The appellant shall take steps for service of notice upon the respondents in both ways by registered post with A/D as well as by usual process, returnable within 6 weeks.

Steps be taken within three days from today.

List the matter after 6 weeks.

JUDGE

Comparing Assistant