Gauhati High Court
The New India Assurance Co. Ltd vs Smti. Mira Hasda And 5 Ors on 5 August, 2024
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GAHC010132772022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./225/2024
THE NEW INDIA ASSURANCE CO. LTD
A COMPANY REGISTERD UNDER THE COMPANIES ACT. 1956.
REPRESENTED BY ITS REGIONAL MANAGER, GS. ROAD, GUWAHATI 07
VERSUS
SMTI. MIRA HASDA AND 5 ORS
W/O LATE DIPAK HASDA
PERMANENT RESIDENT OF VILLAGE SEALKOTEE TEA ESTATE,
RONGAMATI DIVISION, TILATING LINE, UNDER PO AND PS CHABUA ,
DIST DIBRUGARH, ASSAM 786184
TEMPORARILY RESIDING NEAR L.P SCHOOL, HENGRABARI, GUWAHATI,
KAMRUP M ASSAM
2:ANIL HASDA
S/O LATE DIPAK HASDA
PERMANENT RESIDENT OF VILLAGE SEALKOTEE TEA ESTATE
RONGAMATI DIVISION
TILATING LINE
UNDER PO AND PS CHABUA
DIST DIBRUGARH
ASSAM 786184
TEMPORARILY RESIDING NEAR L.P SCHOOL
HENGRABARI
GUWAHATI
KAMRUP M ASSAM
TO BE REPRESENTED BY RES. NO. 1
3:SMTI ROBINA HASDA
D/O LATE DIPAK HASDA
PERMANENT RESIDENT OF VILLAGE SEALKOTEE TEA ESTATE
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RONGAMATI DIVISION
TILATING LINE
UNDER PO AND PS CHABUA
DIST DIBRUGARH
ASSAM 786184
TEMPORARILY RESIDING NEAR L.P SCHOOL
HENGRABARI
GUWAHATI
KAMRUP M ASSAM
TO BE REPRESENTED BY RES. NO. 1
4:SRI AMIR HASDA
S/O LATE DIPAK HASDA
PERMANENT RESIDENT OF VILLAGE SEALKOTEE TEA ESTATE
RONGAMATI DIVISION
TILATING LINE
UNDER PO AND PS CHABUA
DIST DIBRUGARH
ASSAM 786184
TEMPORARILY RESIDING NEAR L.P SCHOOL
HENGRABARI
GUWAHATI
KAMRUP M ASSAM
TO BE REPRESENTED BY RES. NO. 1
5:SRI UMA SANKAR SINGH
S/O LATE PARMANANDA SING
RESIDENT OF SANKAR RLY COLONY
NALIA POL
PO
PS AND DIST DIBRUGARH
ASSAM
6:SRI MONTU RAI
S/O JUGI RAI
RESIDENT OF PALTAN BAZAR
PO
PS AND DIST DIBRUGARH
ASSAM 78600
Advocate for the Petitioner : MR. A ACHARYA,
Advocate for the Respondent : ,
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BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
05.08.2024
Heard Mr. A. Acharya, learned counsel for the appellant.
This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against
the judgment and order dated 20.03.2021 passed by the learned Motor Accident Claims
Tribunal No.1, Kamrup, in MAC Case No.1367/2016.
It is to be noted here that vide impugned judgment and order dated 20.03.2021,
the learned Member, Motor Accident Claims Tribunal No.1, Kamrup, has directed the
appellant to pay a sum of Rs.12,98,500/- as compensation in favour of the claimants with
interest @ 7.5% per annum from the date of filing the claim petition i.e. from 07.06.2016
till payment.
Mr. Acharya, learned counsel for the appellant submits that this appeal is preferred
on the ground of violation of the policy condition. Referring to the Issue No.2 of the
impugned judgment and order, the learned counsel for the appellant pointed out that on
the date of accident, the driver had no valid driving licence.
Be that as it may, admit.
Issue notice, returnable in 4(four) weeks.
Step be taken by registered post with A/D and also by usual process within a week
from today.
Registry shall call for the record from the learned Trial Court.
The learned counsel for the appellant further submits that there was delay in filing
this appeal and for condonation of delay, one interlocutory application being I.A.(Civil)
No.2072/2022 was filed, in which notice was issued and the respondent No.5 had entered
appeared in the said application at the time of hearing of the same, but the name of the
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counsel appearing for the said respondent No.5 is not reflected in the cause list today.
Accordingly, it is provided that Registry shall do the needful in this regard.
List the matter after 4(four) weeks.
Sd/- Robin Phukan
JUDGE
Comparing Assistant
