Mr Biren Changmai vs New India Assurance Company Ltd And 3 Ors
2024 Latest Caselaw 314 Gua

Gauhati High Court

Mr Biren Changmai vs New India Assurance Company Ltd And 3 Ors on 19 January, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                   Page No.# 1/3

GAHC010227542018




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

                         Case No. : MACApp./908/2018

         MR BIREN CHANGMAI
         OWNER OF THE VEHICLE NO. AS-23-AC-0286 (TATA MAGIC TAXI), S/O
         DURGESWAR CHANGMAI, R/O KAKOPATHAR TINALI, KAKOPATHAR, P.O.
         AND P.S. KAKOPATHAR, DIST. TINSUKIA, ASSAM.



         VERSUS

         NEW INDIA ASSURANCE COMPANY LTD AND 3 ORS
         A GENERAL INSURANCE CO. HAVING ITS DIVISIONAL OFFICE AT PLAZA
         COMPLEX, RANGAGORA ROAD, TINSUKIA TOWN, P.O. AND DIST.
         TINSUKIA, ASSAM BEING REPRESENTE BY ITS DIVISIONAL MANAGER
         AND HAVING ITS REGISTTERED AND HEAD OFFICE AT NEW INDIA
         ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD, FORT MUMBAI
         AND ITS OWNED BY GOVT. OF INDIA.

         2:MISS MINAKSHI BHARALI
          D/O SRI LOHIT BHARALI
          R/O MILAN TIRTHA
          DOOMDOOMA TOWN
          P.O.AND P.S. DOOMDOMA
          DIST.TINSUKIA
         ASSAM.

         3:SRI BIREN CHETIA
          S/O SRI BHABEN CHETIA
          R/O AHOM PATHAR
          KACHAI MAITHANG GAON
          P.O. AND P.S. KAKOPATHAR
          DIST. TINSUKIA (ASSAM) (DRIVER OF THE VEHICLE NO. AS-23-AC-0286
         TATA MAGIC)

         4:THE DEPUTY TRANSPORT OFFICER
                                                                       Page No.# 2/3


             TINSUKIA
             ASSAM

Advocate for the Petitioner   : MR. A K BHUYAN

Advocate for the Respondent : MR. K K BHATTA (R1)




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                         ORDER

Date : 19.01. 2024 Heard Ms. B. Bhuyan, learned counsel for the appellant and Ms. R. Devi, learned counsel for the respondent No. 1.

This is an appeal filed under Section 173 of the Motor Vehicle Act, 1988, against the judgment and orders dated 16.12.2023 and 13.08.2018, passed by the learned Member, Motor Accident Claims Tribunal, Tinsukia in MACT Case No. 96/2009.

The appeal is admitted for hearing.

Call for the LCR.

As Ms. R. Devi, learned counsel has entered appearance and accepted notice on behalf of respondent No. 1, no formal notice is required to be issued to the said respondent.

However, extra copy of the memo of appeal be furnished to the learned counsel for the respondent No. 1.

Issue notice to the other respondents, by registered post with A/D as well as usual process, returnable within 4 weeks.

Steps be taken within 7 days.

Page No.# 3/3

List the matter after 4 weeks.

JUDGE

Comparing Assistant