Citation : 2022 Latest Caselaw 3643 Gua
Judgement Date : 19 September, 2022
Page No.# 1/3
GAHC010188532018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./814/2018
DEBOJIT KONWAR AND ANR
S/O LATE SONESWAR KONWAR, R/O BOGORIJAN, PULIBOR, P.O.AND P.S.
GOLAGHAT, DIST. GOLAGHAT, ASSAM.
2: BHOBANI KONWAR
S/O LATE SONESWAR KONWAR
R/O BOGORIJENG
PULIBOR
P.O. AND P.S. GOLAGHAT
DIST. GOLAGHAT
ASSAM
VERSUS
THE RELIANCE GENERAL INSURANCE CO. LTD AND 2 ORS
RELIANCE GENERAL INSURANCE CO. LTD. , ANIL PLAZA, 5TH FLOOR,
BESIDES IDBI BANK, G.S. ROAD, GUWAHATI-5 (INSURER OF THE VEHICLE
NO. AS-05-A-3741, 407 TRUCK)
2:BINOD KUMAR AGARWALA
S/O NAND LAL AGARWALA
VILL. BOKIAL GAON
PO. LETEKUJAN
P.S. GOLAGHAT
DIST. GOLAGHAT (OWNER OF VEHICLE NO. AS-05-A-3741
407 TRUCK) PIN NO. 785613
3:SRI NOGEN BORA
S/O LATE BAPURAM BORA
VILL. BOKIAL GAON
P.O. LATEKUJAN
P.S. GOLAGHAT
DIST. GOLAGHAT
(DRIVER OF VEHICLE NO. AS-05-A-3741
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407 TRUCK)
PIN 78561
Advocate for the Petitioner : MR. P SINGH
Advocate for the Respondent : MR G S BORO
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : -19.09.2022 Heard Ms. P. Baruah, learned counsel for the appellant and Mr. A. J. Saikia, learned counsel for the respondent No. 1.
This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 30.01.2018, passed by the learned Member, Motor Accident Claims Tribunal, Golaghat in MAC Case No. 65/2021.
The appeal is admitted.
Call for the LCR.
Issue notice to the respondent Nos. 2 and 3.
As the respondent No. 1 is represented by Mr. A.J. Saikia, learned counsel and he has accepted notice on behalf of respondent No. 1, no formal notice is required to be served upon the said respondent No. 1.
However, extra copy of the memo of appeal be furnished to the learned counsel for the respondent No. 1 during the course of the day.
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The appellant shall take steps for service of notice upon the respondent Nos. 2 and 3 in both ways by registered post with A/D as well as by usual process, returnable within 4 weeks.
Steps be taken within 3 days from today.
List the matter after 4 weeks.
JUDGE
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