United India Insurance Company ... vs Ranjita Das And 4 Ors
2023 Latest Caselaw 4409 Gua

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GAHC010235982023




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

                         Case No. : MACApp./392/2023

         UNITED INDIA INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED HEAD OFFICE AT 24, WHITES ROAD, CHENNAI
         AND ITS REGIONAL OFFICE AT G.S. ROAD, DISPUR, GUWAHATI, AND
         REPRESENTED BY THE CHIEF REGIONAL MANAGER, GUWAHATI
         REGIONAL OFFICE, G.S. ROAD, DISPUR, GUWAHATI- 781005.



         VERSUS

         RANJITA DAS AND 4 ORS.
         W/O LATE SURAJ DAS,
         VILL.- KATAHBARI, NEAR BOLOVADRA THA P.O. AND P.S.- GARCHUK
         DIST.- KAMRUP(M), ASSAM, PIN- 781035.

         2:RICHISMITA DAS
          D/O LATE SURAJ DAS

         VILL.- KATAHBARI
          NEAR BOLOVADRA THA P.O. AND P.S.- GARCHUK DIST.- KAMRUP(M)
          ASSAM
          PIN- 781035.
         (BEING MINOR IS REPRESENTED BY HER LEGAL GUARDIAN MOTHER
          THAT IS
          RESPONDENT NO. 1).

         3:MITHILESH KUMAR MANDAL
          S/O SRI THAKUR
          MANDAL

         R/O BELTOLA JAWAHARNAGARM ASSAMKATA COMPLEX
         P.O.- BELTOLA
         P.S.- BASISTHA DIST.- KAMRUP(M)
         ASSAM
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             PIN- 781028.

            4:DHANJIT BASUMATARY
             S/O SRI BHOGIRAM BASUMATARY
            VILL.- KATAHBARI GANDHINAGAR
            WARD NO. 15 P.O. AND P.S.- BARPETA DIST.- BARPETA
            ASSAM
             PIN- 781301.

            5:BOMBALI DAS
            W/O LATE BINOD DAS

            VILL.- TUKURAKUCHI P.O.- BATABARI
            P.S.- SIMLA DIST.- BAKSA(ASSAM)
            PIN- 781360

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                        ORDER

Date : 17.10.2023 Heard Mr. R. Goswami, learned counsel for the appellant.

By filing this appeal under Section 173 of the Motor Vehicles Act, the appellant has assailed the judgment and award dated 21.07.2023, passed by the learned Member, MACT No.3, Kamrup (Metropolitan), Guwahati in MAC Case No.2052/2017.

The appeal is admitted for hearing.

Call for the records.

Issue notice returnable in 4 (four) weeks.

The appellant shall take steps within 2 (two) days for service of notice on the respondents by usual process as well as by registered post with A/D.

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List after 4 (four) weeks.

JUDGE

Comparing Assistant