M/S United India Insurance ... vs Chenai Baro @ Boro And 3 Ors
2023 Latest Caselaw 100 Gua

                                                              Page No.# 1/3

GAHC010065742022




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

                         Case No. : MACApp./3/2023

         M/S UNITED INDIA INSURANCE COMPANY LTD.
         REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, GS
         ROAD, GUWAHATI



         VERSUS

         CHENAI BARO @ BORO AND 3 ORS.
         W/O LATE CHANDRA BORO @ CHANDRA K.T BARO, RESIDENT OF
         ANGARDHOWA, PS BOROMA, DIST BAKSA, BTAD
         PRESENTLY RESIDING AT C/O MONOWARA KHATUN, RESIDENT OF
         KATAHBARI, PS GORCHUK, DIST KAMRUP , ASSAM

         2:BABA BARO @ BODAO
          S/O LATE CHANDRA BORO @ CHANDRA K.T BARO
          RESIDENT OF ANGARDHOWA
          PS BOROMA
          DIST BAKSA
          BTAD
         PRESENTLY RESIDING AT C/O MONOWARA KHATUN
          RESIDENT OF KATAHBARI
          PS GORCHUK
          DIST KAMRUP
         ASSAM

         3:FIRDOSH KHAN
          S/O LATE SADDIQUE KHAN

         C/O KHAGEN KOCH

         RESIDENT OF NALAPARA
         HOUSE NO. 54
         GUWAHATI 29
                                                                            Page No.# 2/3

             DIST KAMRUP (M)

            4:JITU GOGOI
             S/O LATE RATNESWAR GOGOI

            RESIDENT OF BADHAKARA BALIGAON
            PO BADHAKARA PS BOGINODI KADAM
            DIST LAKHIMPUR
            ASSAM 78703

Advocate for the Petitioner   : MR. M DUTTA

Advocate for the Respondent : MR. A R AGARWALA




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                         ORDER

06.01.2023

Heard Mr. M. Dutta, learned counsel for the appellant. Also heard Mr. A.R. Agarwala, learned counsel for the respondent Nos. 1 and 2.

By this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant has prayed for setting aside and quashing of the impugned Judgment and Award, dated 30.12.2021, passed in MAC Case No. 1645/2018 by the learned Member, MACT No. 2, Kamrup(M).

The appeal is admitted subject to deposit of 50% of the awarded amount before the Registry of this Court within 6(six) weeks. After deposit of the amount, the same shall be released in favour of the respondent No. 1, namely Chenai [email protected] on execution of bond and on proper identification.

As Mr. A.R. Agarwala, learned counsel, appears on behalf of the respondent Nos. 1 and 2, no fresh notice needs to be issued to the said respondents. However, a Page No.# 3/3

copy of the memo of appeal along with the documents annexed thereto be furnished to Mr. Agarwala within 3(three) days.

Issue notice to the respondent Nos. 3 and 4. Steps be taken by registered post with A/D within 5(five) days.

Call for the records.

List this matter after 6 (six) weeks.

JUDGE

Comparing Assistant