The Oriental Insurance Co. Ltd vs Smti Pratima Chetia And 6 Ors
2022 Latest Caselaw 3932 Gua

                                                                Page No.# 1/3

GAHC010099242018




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

                        Case No. : MACApp./575/2018

         THE ORIENTAL INSURANCE CO. LTD
         A COMPANY UNDER THE COMPANIES ACT, REPESENTED BY ITS
         REGIONAL MANAGER, ULUBARI GUWAHATI 7
         DISTRICT KAMRUP ASSAM



         VERSUS

         SMTI PRATIMA CHETIA AND 6 ORS
         VILLAGE CHENIMARA GAON
         PO KHOWANG
         DISTRICT DIBRUGARH
         ASSAM
         PRESENT ADDRESS VILLAGE NARENGI
         SATGAON, GUWAHATI
         DIST KAMRUP ASSAM

         2:MISS DEIJY CHETIA
          D/O LATE BIDYA CHETIA
         VILLAGE CHENIMARA GAON
         PO KHOWANG
         DISTRICT DIBRUGARH
         ASSAM
         PRESENT ADDRESS VILLAGE NARENGI
         SATGAON
          GUWAHATI
         DIST KAMRUP ASSAM

         3:MISS DIMPY CHETIA
          D/O LATE BIDYA CHETIA
         VILLAGE CHENIMARA GAON
         PO KHOWANG
         DISTRICT DIBRUGARH
                                                   Page No.# 2/3

            ASSAM
            PRESENT ADDRESS VILLAGE NARENGI
            SATGAON
            GUWAHATI
            DIST KAMRUP ASSAM

            4:MISS SIMPI CHETIA
             D/O LATE BIDYA CHETIA
            VILLAGE CHENIMARA GAON
            PO KHOWANG
            DISTRICT DIBRUGARH
            ASSAM
            PRESENT ADDRESS VILLAGE NARENGI
            SATGAON
             GUWAHATI
            DIST KAMRUP ASSAM

            5:SRI SETANANDA CHETIA
             S/O LATE BIDYA CHETIA
            VILLAGE CHENIMARA GAON
            PO KHOWANG
            DISTRICT DIBRUGARH
            ASSAM
            PRESENT ADDRESS VILLAGE NARENGI
            SATGAON
             GUWAHATI
            DIST KAMRUP ASSAM

            6:SRI SANJIB BORI
             S/O SRI KALITA BORI
            VILLAGE JANJIMUKH GAON

            DISTRICT DIBRUGARH
            ASSAM

            7:SRI PRADIP KEDIA
             S/O LATE TARA CHAND KEDIA
            VILL SOUTH SARANIA HIMGIRI PATH
            GUWAHATI
            DISTRICT KAMRUP ASSA

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent : MR. S DAS
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                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                              ORDER

Date : 29.09.2022 Heard Mr. S.K. Goswami, learned counsel for the appellant. None appears for the respondent Nos. 1, 2, 3, 4 and 5 despite the name of Mr. S. Das, learned counsel for the said respondents is reflected in the cause list.

This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the impugned judgment and award dated 18.07.2017, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup ((M), Guwahati in MACT Case No. 329/2011 and review order dated 23.02.2018, passed in Misc. Case No. 10/2017 by the said tribunal.

The appeal is admitted for hearing.

Call for the LCR.

Issue notice to the respondent Nos.6 and 7.

The appellant shall take steps for service of notice upon the respondent Nos.6 and 7 in both ways by registered post with A/D as well as by usual process, returnable by four weeks.

Steps be taken within 3 days from today.

The appellant shall furnish copy of the memo of appeal to Mr. S. Das, learned counsel for the respondent Nos. 1 to 5 during the cause of the day.

List the matter accordingly after 4 weeks.

JUDGE

Comparing Assistant