National Insurance Company Ltd vs Bhupen Choudhury And 2 Ors
2024 Latest Caselaw 5575 Gua

Gauhati High Court

National Insurance Company Ltd vs Bhupen Choudhury And 2 Ors on 5 August, 2024

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GAHC010109482023




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

                                Case No. : MACApp./264/2024

            NATIONAL INSURANCE COMPANY LTD
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
            STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH G.S
            ROAD, GUWAHATI 781005 REPRESENTED BY THE CHIEF REGIONAL
            MANAGER, GUWAHATI REGIONAL OFFICE

            VERSUS

            BHUPEN CHOUDHURY AND 2 ORS.
            S/O LATE MAHIM CHOUDHURY, RESIDENT OF VILLAGE DAMDAMA, PS
            HAJO, DIST KAMRUP, ASSAM 781104

            2:SRI NIBARAN THAKURIA
             S/O DHANIRAM THAKURIA

            RESIDENT OF VILLAGE SANDHELI MAKRAPARA
            PS AND DIST NALBARI
            ASSAM 781353

            3:SRI PAPUL DAS
             S/O DANDI DAS
             RESIDENT OF ARIKUCHI
             PS AND DIST NALBARI
            ASSAM
             78133

Advocate for the Petitioner   : MR T KALITA, MR. A KAKATI

Advocate for the Respondent : MR. A. N. IQBAL, MS J BARMAN (r-2),MR B DEORI (r-2),MR. S
RAHMAN (R-1),MR A N IQBAL (r-1)
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                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                       ORDER

Date : 05.08.2024 Heard Mr. T. Kalita, learned counsel for the appellant.

This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant Insurance Company impugning the judgment and award dated 29.10.2022 passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup(M) at Guwahati in MAC Case No. 1951/2017 whereby the present appellant were directed to pay a compensation amount of Rs. 1,47,403/- to the claimant respondents.

Issue notice to the respondents.

This appeal is admitted.

Call for the case record of MAC Case No. 1951/2017 from the concerned Tribunal.

The Registry is to take steps for requisition the aforesaid case record.

The appellant shall take steps for issuance of notice to the respondents by registered post with A/D as well as by usual mode within seven days from the date

of this order, returnable on 24th September, 2024.

List accordingly

JUDGE

Comparing Assistant