The Oriental Insurance Company Ltd vs Rajib Boro And 2 Ors
2024 Latest Caselaw 5576 Gua

Gauhati High Court

The Oriental Insurance Company Ltd vs Rajib Boro And 2 Ors on 5 August, 2024

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GAHC010246712022




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

                                Case No. : MACApp./257/2024

            THE ORIENTAL INSURANCE COMPANY LTD
            A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
            GUWAHATI, GS ROAD, ULUBARI, GUWAHATI 781007 REPRESENTED BY
            THE DEPUTY MANAGER, GUAHATI REGIONAL OFFICE, ULUBARI,
            GUWAHATI 781005.



            VERSUS

            RAJIB BORO AND 2 ORS.
            S/O SRI DEBEN BORO, RESIDENT OF VILLAGE LAMPARA KORKAPARA, PO
            AND PS BOKO, DIST KAMRUP , ASSAM, 781123

            2:SRI ANANDA KALITA
             S/O LATE TULSHI RAM KALITA
            RESIDENT OF VILLAGE PACHGUMI
             PO AND PS CHHAYGAON
             DIST KAMRUP
            ASSAM 781124

            3:SRI AJIT BORO @ HEMENDRA BORO
             S/O SRI SHANKHADHAR BORO

            RESIDENT OF KEKUAPARA
            LAMGAON
            PO AND PS BOKO
            DIST KAMRUP
            ASSM 78112

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

Advocate for the Respondent : MR. K N KALITA (R-1), MR B ISLAM (R-1)
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                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

Date : 05.08.2024 Heard Mr. R. D. Choudhury, learned counsel for the appellant. This application under Section 173 of the Motor Vehicle Act, 1988, has been filed by the appellant-Insurance Company impugning the judgment and award dated 06.08.2022 passed by the learned Member, Motor Accident Claims Tribunal in MAC Case No. 237/2019.

Issue notice to the respondents.

Since, Mr. B. Islam, learned counsel appears for the respondent No. 1, no formal notice need to be issued to the said respondent.

The appellant shall take steps for issuance of notice to the respondent Nos. 2 and 3 by registered post with A/D as well as by usual mode within seven days from the date of this order, returnable on 20.09.2024.

The appeal is admitted.

Let the case record of MAC Case No. 237/2019 be called for from the concerned Tribunal.

List the matter accordingly.

JUDGE

Comparing Assistant