United India Insurance Company ... vs Sri Padam Chand Jain And 5 Ors
2022 Latest Caselaw 3981 Gua

                                                                 Page No.# 1/3

GAHC010259252019




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

                         Case No. : MACApp./739/2022

         UNITED INDIA INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AT 24, WHITES ROAD, CHENNAI-600014
         REPRESENTED BY ITS REGIONAL OFFICE, G.S. ROAD, GUWAHATI-5



         VERSUS

         SRI PADAM CHAND JAIN AND 5 ORS
         S/O SRI DHARAM CHAND JAIN, R/O HOTEL RELAX BUILDING, 2ND
         FLOOR, SRCB ROAD, FANCY BAZAR, GUWAHATI, P.S.-PANBAZAR, DIST-
         KAMRUP (M), ASSAM, PIN-781001, P/R/A C/O NEHA APARTMENT, BLOCK
         7B, 6TH FLOOR, ATHGAON, GUWAHATI, PIN-781001

         2:SMT. VAISHALI JAIN
          D/O SRI PADAM CHAND JAIN
          R/O HOTEL RELAX BUILDING
          2ND FLOOR
          SRCB ROAD
          FANCY BAZAR
          GUWAHATI
          P.S.-PANBAZAR
          DIST-KAMRUP (M)
         ASSAM
          PIN-781001
          P/R/A C/O NEHA APARTMENT
          BLOCK 7B
          6TH FLOOR
         ATHGAON
          GUWAHATI
          PIN-781001

         3:RISHAB PHUKAN
          S/O LATE JITEN PHUKAN
                                                                      Page No.# 2/3

             C/O S. PHUKAN
             ANUBHAV APARTMENT
             FLAT NO
             006
             BELTOLA
             BASISTHAPUR
             GUWAHATI
             DIST-KAMRUP (M)
             ASSAM
             PIN-781029

            4:RITU GOGOI
             S/O BISWA GOGOI
             R/O VILL-GOURISAGAR
             BUS GAON
             DIST-SIBSAGAR
            ASSAM
             PIN-

            5:MRS. RANJITA SARMA
            W/O MAHESH SHARMA
             R/O 4TH FLOOR
            VISHNU MARKET
            AT ROAD
             NEAR RAILWAY GATE NO. 5
             GUWAHATI
             DIST-KAMRUP(M)
            ASSAM
             PIN-781001

            6:M/S BAJAJ ALLIANZ INSURANCE CO. LTD.
             REGISTERED AND HEAD OFFICE AT GE PLAZA
            AIRPORT ROAD
            YERWADA
             PUNE
             PIN-411006 AND HAVING ONE OF ITS GUWAHATI ZONE (B) OFFICE AT-
            CENTRE POINT
             2B
             2ND FLOOR
             NH CENTRE POINT
             OPPOSITE TO BORA SERVICE STATION
             G.S. ROAD
             ULUBARI
             GUWAHATI-78100

Advocate for the Petitioner   : MR. S S SARMA

Advocate for the Respondent : MR. B K JAIN
                                                                             Page No.# 3/3




                                        BEFORE
                   HON'BLE MRS. JUSTICE MALASRI NANDI
                                         ORDER

30.09.2022 Heard Mr H Buragohain, learned counsel for the appellant/Insurance Company and Mr B K Jain, learned counsel for the respondent Nos. 1 and 2

The appellant/Insurance Company has preferred the appeal under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Award dated 24.04.2019, passed by the learned member, MACT No. 3, Kamrup(M), in MAC Case No. 673/2016.

The appeal is admitted for hearing.

As the learned counsel for the respondent Nos. 1 and 2 has entered his appearance, no formal notice is necessary.

However, requisite extra copies of the petition be furnished to the learned counsel for the respondent Nos. 1 and 2.

Issue notice to the respondent Nos. 3, 4, 5 and 6, by registered post with A/D as well as by usual process, returnable within 4 (four) weeks.

Learned counsel for the appellant, further submits that the driver had no valid driving licence at the relevant time of accident, but this fact was not mentioned in the memo of appeal and as such, he wants to file an affidavit to that extent.

Prayer is allowed.

List the matter accordingly, after 4 (four) weeks.

Call for the LCR.

JUDGE Comparing Assistant