National Insurance Company Ltd vs Anarkali Devi And 3 Ors
2023 Latest Caselaw 2963 Gua

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GAHC010127962023




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

                         Case No. : MACApp./255/2023

         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET, KOLKATA
         AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL
         OFFICE AT GS ROAD, BHANGAGARH, GUWAHATI 05

         VERSUS

         ANARKALI DEVI AND 3 ORS.
         W/O LATE HEM NARAYAN SINGH,
         RESIDENT OF SEPON BAZAR, PS MORANHAT, PO SEPON, 785673, DIST.
         CHARAIDEO, ASSAM

         2:SRI RANJAN KUMAR SINGH
          S/O LATE HEM NARAYAN SINGH
          RESIDENT OF SEPON BAZAR
          PS MORANHAT
          PO SEPON
          785673
          DIST. CHARAIDEO
         ASSAM

         3:SRI RAJIB BANIA
          S/O LATE SUSAN BANIA
         RESIDENT OF SEPON T.E BETBARI
          PS MORAN
          PO SEPON
          785640
          DIST. DIBRUGARH
         ASSAM

         4:UTPAL TANTI
          S/O SRI PAULUSH TANTI
          RESIDENT OF SEPON BETBARI 15 NO. LINE
          PS MORAN
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              PO SEPON
              785640
              DIST. DIBRUGARH
              ASSA

Advocate for the Petitioner : MR. K K BHATTA
Advocate for the Respondent :




                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

07-08-2023 Heard Shri K. K. Bhatta, learned counsel for the appellant, who has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 whereby a challenge has been made to a judgment dated 04.04.2023 passed by Member MACT, Dibrugarh in MAC Case No. 20/2022. By the aforesaid judgment, an award of Rs.8,51,706/- (Rupees Eight Lakhs Fifty One Thousand Seven Hundred Six) with interest @ 7.5% per annum has been directed to be paid from the date of filing of the claim petition till the date of hearing.

The learned counsel has submitted that there was no driving license and therefore there was serious violation of policy conditions.

Admit.

Call for the records.

Let steps be taken for service of notice upon the respondent sby usual process as well as by registered post with A/D.

Steps within 3 (three) days.

List after 6 (six) weeks along with service report.

JUDGE

Comparing Assistant