Biren Kalita vs Rashmi Periwal (Rathi) And Anr. A
2024 Latest Caselaw 5568 Gua

Gauhati High Court

Biren Kalita vs Rashmi Periwal (Rathi) And Anr. A on 5 August, 2024

                                                                           Page No.# 1/2

GAHC010073632023




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

                                Case No. : MACApp./335/2024

            BIREN KALITA
            S/O LATE SURENDRA KALITA, R/O H/NO. 5, SANTIPUR HILL SIDE, P.S.-
            BHARALUMUKH, DIST.- KAMRUP (M), ASSAM.



            VERSUS

            RASHMI PERIWAL (RATHI) AND ANR. A
            W/O RAKESH PERIWAL, C/O RAJEN THAKURIA OF VILLAGE SANTIPUR,
            J.P. AGARWALA ROAD, 1ST BYE LANE, P.S.-BHARALUMUKH, DIST.-
            KAMRUP (M), ASSAM, PIN- 781009.

            2:ORIENTAL INSURANCE CO. LTD.
             HAVING ITS REGIONAL OFFICE AT ULUBARI
             DIST.- KAMRUP (M)
            ASSAM
             PIN- 781007. (REP. BY ITS CHIEF REGINAL MANAGER)

Advocate for the Petitioner   : MR D MONDAL,

Advocate for the Respondent : , MR S DUTTA (r-2),MR. S DUTTA (R-2),MS S MOCHAHARI (r-2)




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

05.08.2024

Heard Mr. D. Mondal, learned counsel for the appellant and Ms. S. Page No.# 2/2

Mochahari, learned counsel for the respondent No. 2.

2. This appeal, under Section 173 of the Motor Vehicles Act is directed against the judgment and award dated 19.10.2022, passed by learned Member, MACT No. 3, Kamrup (M) at Guwahati, in MAC Case No. 253/2017.

3. It is to be noted here that vide impugned judgment and award dated 19.10.2022, the learned tribunal had directed the respondent No. 2, Oriental Insurance Company Limited to pay a sum of Rs. 82,775/- within 30 days before the learned tribunal with @ 7.5% interest per annum from the date of filing of evidence, i.e. 20.09.2019, till realization.

4. Perused the memo of appeal and grounds mentioned therein.

5. Let notice be issued to the respondents, within a week from today, returnable in 4 weeks, by registered post with A/D and also by usual process. As Ms. Mochahari has appeared and accepted notice on behalf of the respondent No. 2, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent during the course of the day.

6. The Registry shall call for the record from the learned tribunal.

7. List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant