United India Insurance Co Ltd vs Sabita Panna And Ors
2023 Latest Caselaw 792 Gua

                                                                Page No.# 1/3

GAHC010265782022




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

                            Case No. : MACApp./54/2023

         UNITED INDIA INSURANCE CO LTD.
         HAVING ITS REGISTERED HEAD OFFICE AT 24, WHITES ROAD, CHENNAI
         AND ITS REGIONAL OFFICE AT G.S. ROAD, GUWAHATI- 781005.



         VERSUS

         SABITA PANNA AND ORS.
         W/O LATE RANJITA PANNA,
         VILL.- SONAJURI,
         P.O.- PATHALIPAM,
         P.S.- SAMAGURI,
         DIST.- NAGAON, ASSAM, PIN- 782140.

         2:SABIO PANNA
          S/O LATE RANJIT PANNA

         VILL.- SONAJURI

         P.O.- PATHALIPAM

         P.S.- SAMAGURI

         DIST.- NAGAON
         ASSAM
         PIN- 782140.

         3:RUMISAN PANNA
          S/O LATE RANJIT PANNA

         VILL.- SONAJURI

         P.O.- PATHALIPAM
                                                     Page No.# 2/3


            P.S.- SAMAGURI

            DIST.- NAGAON
            ASSAM
            PIN- 782140.

            4:HABIB NESSA
             D/O LATE JIA UDDIN

            VILL.- LAILURI

            P.S.- RUPAHIHAT

            DIST.- NAGAON
            ASSAM
            PIN- 782125.

            5:RAJU BORAH
             S/O D. BORAH

            R/O BHATIAGAON

            P.S.- RAHA

            DIST.- NAGAON
            ASSAM
            PIN- 782103.

            6:THE ORIENTAL INSURANCE CO. LTD
             REP. BY ITS REGIONAL MENAGER ULUBARI
             GUWAHATI- 5.

            7:MICHAEL EKKA
             S/O LATE NIKODIN EKKA

            VILL.- NO. 2 NAUPANI

            P.S.- SAMAGURI

            DIST.- NAGAON
            ASSAM
            PIN- 782140

Advocate for the Petitioner   : MR. K K BHATTA

Advocate for the Respondent : FOR CAVEATOR
                                                                         Page No.# 3/3




                            BEFORE
          HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

                                     ORDER

27.02.2023

Heard Mr. KK Bhatta, learned counsel appearing for the appellant (Insurance Company).

Aggrieved by the Judgment and Award dated 30.09.2022 passed in MAC Case No.121/2018 by which the appellant was directed to pay a sum of Rs.15,46,071/- to the respondents No.1, 2 and 3 herein. The appeal has been filed challenging the same on the ground that the offending vehicle did not have a valid registration certificate at the point of time when the accident took place.

Issue notice to the respondents, returnable within four weeks.

Mr. AR Agarwal, learned counsel appears on behalf of the respondents No.1, 2 and 3(being on caveat). The learned counsel for the appellant shall handover sufficient number of copies of the appeal to the learned counsel appearing for the respondents No.1, 2 and 3 during the course of the day.

As for the rest of the respondents, the appellant shall take steps within two days so that notice may be sent through registered post with A/D.

List immediately after four weeks.

JUDGE

Comparing Assistant