United India Insurance Company ... vs Papu Kalita @ Sunjan Kalita And 2 ...
2023 Latest Caselaw 2855 Gua

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GAHC010252602022




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

                           Case No. : MACApp./286/2023

         UNITED INDIA INSURANCE COMPANY LTD.
         A PUBLIC SECTOR UNDERTAKING COMPANY, REGISTERED AND
         INCORPORATED UNDER COMPANIES ACT, 1956, HAVING ITS REGISTERED
         OFFICE AT 24 WHITES ROAD, CHENNAI- 600014 WITH ONE OF ITS
         REGIONAL OFFICE AT CHIBBER HOUSE, 2ND FLLOR, G.S. ROAD,
         GUWAHATI- 5, REP. BY ITS REGIONAL MANAGER, GUWAHATI, ASSAM.



         VERSUS

         PAPU KALITA @ SUNJAN KALITA AND 2 ORS. H
         S/O ATUL KALITA, VILL.- POLAHGURI, P.O.- KILLING VALLEY, P.S.-
         JAGIROAD, DIST.- MORIGAON, ASSAM, PIN- 782410. PRESENT ADDRESS-
         S/O ATUL KALITA, VILL.- JAGIROAD, P.O. AND P.S.- JAGIROAD, DIST.-
         MORIGAON, ASSAM, PIN- 782403.

         2:ACHANTA PHUKAN
          S/O LATE KALPO PHUKAN

         VILL.- CHOLADHERA ROAD

         P.O.
          P.S. AND DIST.- JORHAT
         ASSAM
          PIN- 785001.

         3:BINOD BORAH
          S/O LATE RUCHINATH BORAH

         VILL.- JUTULUNI GAON

         P.O. AND P.S.- SONARI
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             DIST.- SIVASAGAR
             ASSAM
             PIN- 785690

Advocate for the Petitioner   : MR. R C PAUL

Advocate for the Respondent :




                                   BEFORE
                     HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                          ORDER

03.08.2023

Heard Mr. R.C. Paul, learned counsel for the appellant, who has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 31.05.2022 passed by the learned Member, MACT, Morigaon in MAC Case No.19/2015, whereby an award amount of Rs.5,50,000/- was awarded against the appellant along with interest @6% p.a. from the date of filing the claim petition. The learned counsel for the appellant submits that the award is liable to be set aside since the evidence of the defendant with regard to the invalid licence submitted in the Tribunal was not considered.

Admit the appeal.

Mr. A. Shakil, learned counsel accepts notice on behalf of the respondent no.1. He submits that 50% of the awarded amount may be allowed to be withdrawn by the respondent no.1 on the deposit of the said amount by the appellant.

Having heard the submission of the learned counsel for the appellant, the appellant is to submit 50% of the awarded amount to the Registry within 4 (four) weeks, which shall be released to the respondent no.1/claimant after due Page No.# 3/3

identification by the Registry.

The appellant is to take steps for service of notice upon the respondent nos. 2 & 3 with registered AD within 3 (three) days, returnable by 4 (four) weeks.

List the matter after four weeks.

JUDGE

Comparing Assistant