Sbi General Insurance Company Ltd vs Kanmai Moran And 5 Ors
2023 Latest Caselaw 3116 Gua

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GAHC010174792023




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

                        Case No. : MACApp./318/2023

         SBI GENERAL INSURANCE COMPANY LTD
         JUCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD,
         ANDHERI (EAST), MUMBAI- 400069 REGIONAL OFFICE AT 4TH FLOOR, B
         BLOCK, APPEJAY HOUSE, 15 PARK STREET, KOLKATA- 700016 AND
         BRANCH OFFICE AT 2ND FLOOR, LAKSHMI DARSHAN BUILDING,
         OPPOSITE BORA SERVICE, G.S. ROAD, ULUBARI, GUWAHATI- 781007
         (ASSAM).



         VERSUS

         KANMAI MORAN AND 5 ORS.
         W/O SRI BINANDA MORAN
         RESIDENT OF VILLAGE UPOR UBON, PO AND PS KAKOPATHAR, DIST.
         TINSUKIA, ASSAM 786152

         2:SRI KALPAJYOTI MORAN
          S/O SRI BINANDA MORAN
         RESIDENT OF VILLAGE UPOR UBON
          PO AND PS KAKOPATHAR
          DIST. TINSUKIA
         ASSAM 786152

         3:SMTI PRASTUTI MORAN
          D/O SRI BINANDA MORAN
         RESIDENT OF VILLAGE UPOR UBON
          PO AND PS KAKOPATHAR
          DIST. TINSUKIA
         ASSAM 786152

         4:SRI BINANDA MORAN
          F/O LATE MUNIP MORAN
         RESIDENT OF VILLAGE UPOR UBON
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              PO AND PS KAKOPATHAR
              DIST. TINSUKIA
              ASSAM 786152

            5:SRI PRADIP BARUAH
             S/O SRI BIRAN BARUAH
            RESIDENT OF VILALGE PO AND PS TINGKHONG
             DIST DIBRUGARH
            ASSAM 786612

            6:SRI DEBAJIT GOGOI
             S/O SRI DINA GOGOI

            RESIDENT OF VILALGE MORAN AGUNIBARI

              PO AND PS TINGKHONG
              DIST DIBRUGARH
              ASSAM 78661

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

14.08.2023 Heard Shri R. Goswami, learned counsel for the appellant, who has preferred this appeal under Section 173 of the MACT Act being aggrieved by the judgment and award dated 29.05.2023 passed by the learned MACT, Kamrup (M) in MAC Case No. 926/2016. It is submitted that there was violation of the policy conditions and by overlooking those aspects, the award has been passed and there is not even the condition attached allowing payment and recovery.

Admit.

Call for the records.

Let steps for service of notice upon the respondents be taken by registered post Page No.# 3/3

with A/D as well as by usual process. Steps within two days.

List this case after 6(six) weeks along with service report and report of LCR.

JUDGE

Comparing Assistant