Oriental Insurance Company Ltd vs Smt Purnima Ghosh And 4 Ors
2023 Latest Caselaw 247 Gua

                                                                  Page No.# 1/3

GAHC010182332018




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

                        Case No. : MACApp./952/2018

         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-781007



         VERSUS

         SMT PURNIMA GHOSH AND 4 ORS
         W/O SRI MADAN GHOSH,
         RESIDENT OF VILLAGE RAJAGHAT, PO KUROBAHA, PS AND DIST
         BARPETA ,ASSAM, 781329

         2:SRI MADAN GHOSH
          S/O LATE RAYMOHAN GHOSH

         RESIDENT OF VILLAGE RAJAGHAT
         PO KUROBAHA
         PS AND DIST BARPETA
         ASSAM
         781329

         3:M/S KMC CONSTRUCTION LTD
          SUJATA APARTMENT
         B.BLOCK
          1ST FLOOR . NILAMANI PHUKAN ROAD
          CHRISTAIN BASTI
          PRESENT ADDRESS BINA ENCLAVE
         2ND FLOOR
          OPPOSITE CENTRAL NURSING HOME
          HOUSE NO 331
          SURVEY
                                                                    Page No.# 2/3

            BELTOLLA
            PS DISPUR
            DIST KAMRUP M ASSAM
            781028
            TEMPORARY ADDRESS AT PATHSALA
            PS PATACHARKUCHI
            DIST BARPETA
            ASSAM
            781326
            OWNER OF DUMPER

            4:SRI KHUDIRAM GHOSH
             S/O M CHANDRA GHOSH
            VILLAGE BARPETA ROAD
            WARD NO 1
             PS BARPETA ROAD
             DIST BARPETA
            ASSAM
             781316
             DRIVER M/C

            5:SRI LAKSHON CH. GHOSH
             S/O LATE NISHI KANTA GHOSH
            VILLAGE KALA PATHAR
             NO 4
             PS AND DIST BARPETA
            ASSAM
             781352
             OWNER M/

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MR. K SARMA




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                        ORDER

Date : 23.01.2023 Heard Ms. R.D. Mazumdar, learned counsel for the appellant and Mr. S. Baruah, learned counsel for the respondent Nos. 1 and 2.

This appeal under Section 173(1) of the Motor Vehicle Act, 1988 has been filed Page No.# 3/3

by appellant/ Insurance Company against the judgment and award dated 12.04.2018, passed by the learned Member, Motor Accident Claims Tribunal, Barpeta in MAC Case No. 785/2016.

Admit the appeal.

Call for the LCR.

Issue notice to the respondent Nos. 3 and 4.

The appellant shall take steps for service of notice upon the respondent Nos. 3 and 4 by registered post with A/D as well as by usual process, returnable within 4 weeks.

No formal notice need be issued to the respondent No. 1 and 2 as Mr. S. Baruah learned counsel has entered appearance and accepted notice on behalf of the said respondents.

However, extra copy of the memo of appeal be furnished to the learned counsel for the respondent Nos. 1 and 2 during the course of the day.

Steps be taken within 7 days.

List the matter accordingly after 4 weeks.

JUDGE

Comparing Assistant