Oriental Insurance Company Limited vs Barnali Dutta And Ors
2024 Latest Caselaw 339 Gua

Gauhati High Court

Oriental Insurance Company Limited vs Barnali Dutta And Ors on 22 January, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                      Page No.# 1/4

GAHC010239342023




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

                           Case No. : MACApp./29/2024

         ORIENTAL INSURANCE COMPANY LIMITED
         A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES
         ACT, 1956, HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27
         ASAF ALI ROAD, NEW DELHI- 2 WITH ONE OF ITS REGIONAL OFFICE AT
         G.S. ROAD, ULUBARI, GUWAHATI- 7, REPRESENTED BY ITS REGIONAL
         MANAGER.



         VERSUS

         BARNALI DUTTA AND ORS.
         W/O NOT KNOWN.
         VILL.- RILBONG, P.O. AND P.S.- LABAN, DIST.- EAST KHASI HILLS,
         SHILLONG, MEGHALAYA, PIN-

         1.1:ARYAMIK DUTTA
          (MINOR
          REP. BY HIS LEGAL GUARDIAN NAMELY SMTI BARNALI DUTTA)
         VILL.- RILBONG
          P.O. AND P.S.- LABAN
          DIST.- EAST KHASI HILLS
          SHILLONG
          MEGHALAYA
          PIN-

         2:SHANTI DEVI KAUR
          C/O RAJU SINGH

         VILL.- GORALINA LAITUMKRAH
         SHILLONG
         HAIBARGAON
         DIST.- EAST KHASI HILLS
         MEGHALAYA
                                                                      Page No.# 2/4

             PIN-

            3:BIKASH GHOSH
             S/O LATE GOPESH GHOSH

            VILL.- RIBONG
            P.O. AND P.S.- RIBONG
            DIST.- MEGHALAYA
            PIN- 793002

Advocate for the Petitioner   : MR. R C PAUL

Advocate for the Respondent :




             Linked Case : I.A.(Civil)/186/2024

            ORIENTAL INSURANCE COMPANY LIMITED
            A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES
            ACT
            1956
            HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE
            A-25/27 ASAF ALI ROAD
            NEW DELHI- 2 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD
            ULUBARI
            GUWAHATI- 7
            REPRESENTED BY ITS REGIONAL MANAGER.


             VERSUS

            BARNALI DUTTA AND ORS.
            W/O NOT KNOWN. VILL.- RILBONG
            P.O. AND P.S.- LABAN
            DIST.- EAST KHASI HILLS
            SHILLONG
            MEGHALAYA
            PIN-

            1.1:ARYAMIK DUTTA
            (MINOR
             REP. BY HIS LEGAL GUARDIAN NAMELY SMTI BARNALI DUTTA)
            VILL.- RILBONG
             P.O. AND P.S.- LABAN
                                                                    Page No.# 3/4

          DIST.- EAST KHASI HILLS
          SHILLONG
          MEGHALAYA
          PIN-
          2:SHANTI DEVI KAUR
          C/O RAJU SINGH

          VILL.- GORALINA LAITUMKRAH
          SHILLONG
          HAIBARGAON
          DIST.- EAST KHASI HILLS
          MEGHALAYA
          PIN-
          3:BIKASH GHOSH
          S/O LATE GOPESH GHOSH

          VILL.- RIBONG
          P.O. AND P.S.- RIBONG
          DIST.- MEGHALAYA
          PIN- 793002.
          ------------
          Advocate for : MR. R C PAUL
          Advocate for : appearing for BARNALI DUTTA AND ORS.



                               BEFORE
                  HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 22.01. 2024 Heard Mr. R.C. Paul, learned counsel for the appellant and Mr. R. Goswami, learned counsel for the respondent No. 1/ claimant.

This is an appeal filed under Section 173 of the Motor Vehicle Act, 1988, against the judgment and award dated 18.07.2023, passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup (Metro), Guwahati in MAC Case No. 2152/2015.

The appeal is admitted for hearing.

Call for the LCR.

Page No.# 4/4

Issue notice to the respondent Nos. 2 and 3, by registered post with A/D as well as usual process, returnable within 4 weeks.

Steps be taken within 7 days.

No formal notice is required to be issued to the respondent No. 1 as Mr. R. Goswami has represented the said respondent.

However, extra copy of the memo of appeal and its annexures be furnished to the learned counsel for the respondent No. 1 within 3 days.

List the matter after 4 weeks.

JUDGE

Comparing Assistant