Oriental Insurance Company Ltd vs Manik Chaliha And 3 Ors
2023 Latest Caselaw 639 Gua

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GAHC010029982023




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

                         Case No. : MACApp./48/2023

         ORIENTAL INSURANCE COMPANY LTD.
         A CENTRAL GOVERNMENT UNDERTAKING HAVING ITS REGIONAL
         OFFICE AT GUWAHATI, GS ROAD, ULUBARI, GUWAHATI 781007,
         REPRESENTED BY THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE,
         ULUBARI, GUWAHATI 781005



         VERSUS

         MANIK CHALIHA AND 3 ORS .
         H/O ANIMA CHALIHA,
         RESIDENT OF VILLAGE LEPETKATA, PO AND PS BARBARUA, DIST
         DIBRUGARH, ASSAM 786006
         PRESENTLY RESIDING AT KRISHNA NAGAR, GANESHGURI, GUWAHATI,
         PO AND PS DISPUR , DIST KAMRUP M ASSAM 781005

         2:SRI ABHIJIT CHALIHA
          S/O ANIMA CHALIHA

         RESIDENT OF VILLAGE LEPETKATA
         PO AND PS BARBARUA
         DIST DIBRUGARH
         ASSAM 786006
         PRESENTLY RESIDING AT KRISHNA NAGAR
         GANESHGURI
         GUWAHATI
         PO AND PS DISPUR
         DIST KAMRUP M ASSAM 781005

         3:SRI LALIT HAZARIKA @ BABUL DAS
          S/O KIRITY HAZARIKA
         RESIDENT OF LATABARI
          DHALPUR
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             PO AND PS BIHPURIYA
             DIST LAKHIMPUR
             ASSAM
             784161

            4:SRI SUREN GUPTA
             S/O LATE CHANDRA DEV GUPTA

            RESIDENT OF TORAJAN SASAN ROAD
            TORAJAN
            PO AND PS JORHAT
            DIST JORHAT
            ASSAM 78500

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent :




                                   BEFORE
                     HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                        ORDER

20.02.2023

Heard Ms. R.D Mozumar, learned counsel for the appellant.

This is an appeal under Section 173 of the Motor Vehicle Act, 1988 against

the judgment/award dated 04.11.2022 passed by the learned Member, Motor

Accident Claims Tribunal No.1, Kamrup (M), Guwahati, in M.A.C. Case

No.637/2015.

The mainly grounds of appeal amongst others is that the learned Tribunal

did not considered the evidence of the Appellate Company with regards to the

driver not having any valid license.

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Admit the appeal.

Issue notice upon the respondents through Registered post with A/D

within 1 (one) weeks, returnable by 4 (four) weeks as well as the usual process.

List the matter after 4 (four) weeks.

LCR is to be called for.

JUDGE

Comparing Assistant