Kushal Ch. Deka vs Kamal Ch. Deka And Anr
2022 Latest Caselaw 3725 Gua

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GAHC010020032022




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

                                 Case No. : MACApp./683/2022

            KUSHAL CH. DEKA
            S/O LATE TARUN CH. DEKA RESIDENT OF VILLAGE BATHAN, PO BAIHATA
            CHARIALI, DIST KAMRUP M ASSAM 781381



            VERSUS

            KAMAL CH. DEKA AND ANR.
            S/O LATE TARUN CH. DEKA RESIDENT OF VILLAGE BATHAN, PO BAIHATA
            CHARIALI, DIST KAMRUP M ASSAM 781381

            2:THE NATIONAL INSURANCE COMPANY LIMITED.
             REPRESENTED BY ITS REGIONAL MANAGER
             GS ROAD
             BHANGAGARH
             GUWAHATI 78105
            ASSA

Advocate for the Petitioner   : MR. A R AGARWALA

Advocate for the Respondent : MRS. S ROY (R-2)




             Linked Case : I.A.(Civil)/402/2022

            KUSHAL CH. DEKA
            S/O LATE TARUN CH. DEKA
            RESIDENT OF VILLAGE BATHAN
            PO BAIHATA CHARIALI
            DIST KAMRUP M ASSAM 781381
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             VERSUS

            KAMAL CH. DEKA AND ANR.
            S/O LATE TARUN CH. DEKA
            RESIDENT OF VILLAGE BATHAN
            PO BAIHATA CHARIALI
            DIST KAMRUP M ASSAM 781381

            2:THE NATIONAL INSURANCE COMPANY LIMITED.
            REPRESENTED BY ITS REGIONAL MANAGER
             GS ROAD
             BHANGAGARH
             GUWAHATI 78105
            ASSAM
             ------------
            Advocate for : MR. A R AGARWALA
            Advocate for : MRS. S ROY (r-2) appearing for KAMAL CH. DEKA AND ANR.



                                  BEFORE
                    HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                        ORDER

Date : 22.09.2022

Heard Mr. A.R. Agarwala, learned counsel for the appellant who submits that this appeal has been filed under section 173 of the Motor Vehicles Act against the judgment & Order of the learned Tribunal No.3, Kamrup(M), Guwahati dated 17.06.2019 in MAC case No.1549/2016.

The learned counsel submits that the learned Tribunal had erred in dismissing the claim on the grounds that there is no valid Insurance Company Policy.

Appeal is admitted.

Mrs. S. Roy makes appearance on behalf of respondent No.2

Issue notice to respondent No.1 through Registered post with A/D within 4 (four) Page No.# 3/3

weeks as well as through the usual process within 1 (one) week. Meanwhile, LCR is to

be called for.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant