National Insurance Company Ltd vs Lokheswari Kurmi And 5 Ors
2023 Latest Caselaw 1202 Gua

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GAHC010009532023




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

                         Case No. : MACApp./105/2023

         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
         STREET KOLKATA AND ITS REGIONAL OFFICE AT GS ROAD,
         BHANGAGARH, GUWAHATI



         VERSUS

         LOKHESWARI KURMI AND 5 ORS .
         W/O SRI AMERIKA KURMI,
         RESIDENT OF BARUA KHAT GAON, PO BADULIPAR PS KAMARGAON,
         DIST GOLAGHAT, ASSAM 785611

         2:SRI DIPAK SAIKIA
          S/O LATE SUNA SAIKIA

         RESIDENT OF RONGAMATI GAON

         PO BADULIPAR
         PS KAMARGAON
         DIST GOLAGHAT
         ASSAM 785614

         3:SRI BITU BAHOI
          S/O SRI RAGHU NATH BORDOLOI
         RESIDENT OF KHUMTAI
          PO KHUMTAI
          PS KAMARGAON
          DIST GOLAGHAT
         ASSAM
          785619

         4:SRI SUBH KARAN SHARMA
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            S/O SRI GHANSHYAM SHARMA
            RESIDENT OF HOSPITAL ROAD
            SIVASAGAR
            ASSAM 785640

            5:SRI SAMPAK TAMULI
             S/O SRI BIREN TAMULI
             RESIDENT OF BOHOTIAL GAON
             PO SALIKIN
             DIST GOLAGHAT
            ASSAM 785625

            6:UNITED INDIA INSURANCE COMPANY LIMITED
             HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24
            WHITES ROAD
             CHENNAI
            A BRANCH OFFICE AT MAIN ROAD
             MARIANI
             NEAR UBI
             DISTRICT JORHAT
            ASSAM AND ITS REGIONAL OFFICE AT CHIBBER HOUSE (ABOVE AXIS
            BANK) G.S ROAD
             DISPUR
             GUWAHATI AND REPRESENTED BY THEIR CHIEF REGIONAL MANAGER

Advocate for the Petitioner   : MS. P BORTHAKUR

Advocate for the Respondent :




                                     BEFORE
                       HONOURABLE MRS. JUSTICE MALASRI NANDI

                                        ORDER

Date : 24.03.2023

Heard Mr. R. Goswami, learned counsel for the appellant. The present application has been filed under Section 173 of M.V. Act, 1988 against the judgment and award dated 28.11.2022 passed by the learned Member, MACT, Golaghat in MAC Case No. 35/2015. Appeal is admitted.

Issue notice.

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The petitioner is directed to take step for service of notice upon the respondents by registered post with AD as well as other usual process returnable within 4(four) weeks. The steps be taken within 7(seven) days. Call for the LCR.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant