National Insurance Company ... vs Anima Barman And 2 Ors
2023 Latest Caselaw 3136 Gua

                                                                         Page No.# 1/2

GAHC010117122023




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

                                Case No. : MACApp./316/2023

            NATIONAL INSURANCE COMPANY LIMITED
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
            STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S.
            ROAD, GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL
            MANAGER, GUWAHATI REGIONAL OFFICE.



            VERSUS

            ANIMA BARMAN AND 2 ORS.
            W/O LATE DIBYENDU BARMAN,
            VILL.- NIZ JULUKI, P.S.- BARAMA, DIST.- BAKSHA, ASSAM, PIN- 781346.

            2:BHOBANANDA BORO
             S/O DINESH BORO

            VILL.- SORU SOKADAL
            P.S.- SIMLA
            DIST.- BAKSHA
            ASSAM
            PIN- 781330.

            3:ANANTA BARMAN
             S/O LATE TITHIRAM BARMAN

            VILL.- KHARUAJAN
            P.S.- BARAMA
            DIST.- BAKSHA
            ASSAM
            PIN- 781346

Advocate for the Petitioner   : MR T KALITA
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Advocate for the Respondent :




                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

14.08.2023 Heard Shri T. Kalita, learned counsel for the appellant, who has preferred this appeal under Section 173 of the MACT Act being aggrieved by a judgment and award dated 28.02.2023 passed by the learned MACT, Nalbari in MAC Case No. 48/2016. By the impugned judgment, an award of Rs.17,67,752/- has been granted to the claimants, who is the wife of the deceased.

Shri Kalita, learned counsel has submitted that rash and negligent driving has not been proved in this case and the assessment of income is not proper.

Admit.

Call for the records.

Let steps for service of notice upon the respondents be taken by registered post with A/D as well as by usual process. Steps within three days.

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

JUDGE

Comparing Assistant