New India Assurance Company Ltd vs Sri Manas Das And 5 Ors
2024 Latest Caselaw 5536 Gua

Gauhati High Court

New India Assurance Company Ltd vs Sri Manas Das And 5 Ors on 5 August, 2024

                                                                   Page No.# 1/3

GAHC010185272018




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

                         Case No. : MACApp./336/2024

         NEW INDIA ASSURANCE COMPANY LTD
         HAVING ITS NORTHEASTERN REGIONAL OFFICE AT GS ROAD, GUWAHATI
         781005, KAMRUP M ASSAM REPRESENTED BY THE CHIEF REGIONAL
         MANAGER,



         VERSUS

         SRI MANAS DAS AND 5 ORS
         S/O SRI MAKHAN DAS. VILLAGE SANTIPARA, PO , PS AND DIST
         DIBRUGARH, ASSAM, 786001

         2:FORMA BULK CARRIER
          PROPRIETOR
          SRI VIYAJ FORMA. 57
          BURTALLA STREET KOLKATTA WEST BENGAL
          700007
         OWNER


         3:THE DIVISIONAL MANAGER

         THE NATIONAL INSURANCE CO. LTD.
         DIVISIONAL OFFICE NO XIX
         6A
          SAMBHU CHATTERJEE STREET
          KOLKATTA. WEST BENGAL
          70007

         4:SRI BIJAY YADAV
          S/O SRI REJENDRA YADAV

         PICNIC GARDEN ROAD
                                                                         Page No.# 2/3


            KOLKATTA. WEST BENGAL
            700039

            5:SRI PAWAN KR. JAIN
             S/O LATE C/L JAIN
            C/O C.L SARAWAGI AND CO.
            COLE ROAD
             NEW MARKET
             DIST DIBRUGARH. ASSAM
             786001

            6:THE DIVISIONAL MANAGER

            NATIONAL INSURANCE CO. LTD.DIVISIONAL OFFICE KHEMKA
            BUILDING
            RK BORDOLOI PATH
            DIST DIBRUGARH
            ASSAM 78600

Advocate for the Petitioner   : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR

Advocate for the Respondent : , MR. U K DUTTA,MR. B KAKATI,MS B KASSHYAP




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                        ORDER

05.08.2024

1. Heard Ms. R.D. Mozumdar, learned counsel for the appellant.

2. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 has been preferred by the appellant/insurance company (New India Assurance Co. Ltd.) impugning Judgment and Award dated 21.03.2018 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh, in MAC Case No. 38/2009.

3. The appeal is admitted.

4. Let the case record of MAC Case No. 38/2009 be called for.

5. Issue notice to the respondents.

Page No.# 3/3

6. Since Mr. A.J. Saikia, has appeared for respondent Nos. 3 and 6, no formal notice need to be issued to the aforesaid respondents. However, the appellant shall furnish the requisite copies of memo of appeal, along with all the annexure, to the counsel for the said respondents. As regards the other respondents are concerned, the appellant shall take steps for issuance of notice to the said respondents, by registered post with A/D as well as by usual mode

within 7(seven) days from the date of this order, returnable on 24 th September, 2024.

7. The name of Mr. A.J. Saikia, shall be shown as the counsel for the respondent Nos. 3 and 6 in the cause-list henceforth.

8. List accordingly.

JUDGE

Comparing Assistant