Icici Lombard General Insurance ... vs Bhagawati Devi And 2 Ors
2024 Latest Caselaw 6365 Gua

Gauhati High Court

Icici Lombard General Insurance ... vs Bhagawati Devi And 2 Ors on 30 August, 2024

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GAHC010172312024




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

                                  Case No. : MACApp./428/2024

            ICICI LOMBARD GENERAL INSURANCE COMPANY LTD
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK
            TOWERS, BANDRA KURLA COMPLEX, MUMBAI 400051, ITS ZONAL
            OFFICE AT APEEJAY HOUSE, 15 PARK STREET, 7TH FLOOR, KOLKATA-
            700016, AND BRANCH OFFICE AT KAMAKHYA TOWER 3RD FLOOR, OFFICE
            NO. 305 AND 306, G.S. ROAD, GUWAHATI-781005, ASSAM.

            VERSUS

            BHAGAWATI DEVI AND 2 ORS
            W/O. SRI. MOHAN SARMAH, R/O. HOUSE NO. 264, WARD NO. 37 HOUSING
            COLONY, SILPUKHURI, P.S. CHANDMARI, GUWAHATI-3, DIST. KAMRUP
            (M), ASSAM.

            2:SRI. MOHAN SARMAH
             S/O. LT. PUNA RAM SARMAH
             R/O. HOUSE NO. 264
            WARD NO. 37 HOUSING COLONY
             SILPUKHURI
             P.S. CHANDMARI
             GUWAHATI-3
             DIST. KAMRUP (M)
            ASSAM

Advocate for the Petitioner   : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR

Advocate for the Respondent : ,

             Linked Case : I.A.(Civil)/2559/2024

            ICICI LOMBARD GENERAL INSURANCE COMPANY LTD
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK
            TOWERS
             BANDRA KURLA COMPLEX
                                                                        Page No.# 2/3

         MUMBAI 400051
         ITS ZONAL OFFICE AT APEEJAY HOUSE
         15 PARK STREET
         7TH FLOOR
         KOLKATA-700016
         AND BRANCH OFFICE AT KAMAKHYA TOWER 3RD FLOOR
         OFFICE NO. 305 AND 306
         G.S. ROAD
         GUWAHATI-781005
         ASSAM.


         VERSUS

         BHAGAWATI DEVI AND 2 ORS
         W/O. SRI. MOHAN SARMAH
         R/O. HOUSE NO. 264
         WARD NO. 37 HOUSING COLONY
         SILPUKHURI
         P.S. CHANDMARI
         GUWAHATI-3
         DIST. KAMRUP (M)
         ASSAM.

         2:SRI. MOHAN SARMAH
         S/O. LT. PUNA RAM SARMAH
          R/O. HOUSE NO. 264
         WARD NO. 37 HOUSING COLONY
          SILPUKHURI
          P.S. CHANDMARI
          GUWAHATI-3
          DIST. KAMRUP (M)
         ASSAM.
          ------------
         Advocate for : MR. R GOSWAMI
         Advocate for : appearing for BHAGAWATI DEVI AND 2 ORS



                                  BEFORE
                  HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                      ORDER

30.08.2024

Heard Mr. M. Saikia, learned counsel for the appellant.

Page No.# 3/3

2. This is an appeal, under Section 173 of the Motor Vehicles Act, 1988 is preferred by the appellant against the Judgment and Award dated 04.06.2024, passed by the learned Member, M.A.C.T, No. 2, Kamrup (M) at Guwahati in M.A.C. Case No. 1908/2013 filed under Section 166 of the Motor Vehicles Act, 1988.

3. It is pertinent that the statutory deposit under Section 173 of the Motor Vehicles Act, 1988 has been deposited before the Registry of this Court.

4. Perused the appeal as well as the grounds mentioned therein and also perused the impugned Judgment and Award dated 04.06.2024, passed by the learned Member, M.A.C.T, No. 2, Kamrup (M) at Guwahati in M.A.C. Case No. 1908/2013.

5. Admit.

6. 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.

7. The Registry shall call for the case records of M.A.C. Case No. 1908/2013 from the learned Member, M.A.C.T, No. 2, Kamrup (M) at Guwahati.

8. List the matter after 4 (four) weeks, on a date to be fixed by the Registry.

JUDGE

Comparing Assistant