Oriental Insurance Company Ltd vs Surajit Choudhury And Ors
2024 Latest Caselaw 343 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Surajit Choudhury And Ors on 22 January, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                     Page No.# 1/3

GAHC010239402023




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

                                 Case No. : MACApp./28/2024

            ORIENTAL INSURANCE COMPANY LTD.
            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 WITH ONE OF ITS REGIONAL OFFICE AT GS
            ROAD, ULUBARI, GUWAHATI 7, REPRESENTED BY ITS REGIONAL
            MANAGER.

            VERSUS

            SURAJIT CHOUDHURY AND ORS.
            S/O LATE B.K CHOUDHURY
            RESIDENT OF VILLAGE RILBONG, PO AND PS LABAN, DIST EAST KHASI
            HILLS, SHILLONG, MEGHALAYA, 793004

            2:SMTI SHANTI DEVI KAUR
             C/O RAJU SINGH

            RESIDENT OF VILLAGE GORALINA LAITUMKRAH
            SHILLONG
            HAIBARGAON
            DIST WAST KHASI HILLS
            MEGHALAYA
            793001

            3:SRI BKASH GOGOI
             S/O GOPESH GHOSH

            RESIDENT OF RIBONG
            PO
            PS AND DIST RIBONG
            MEGHALAYA
            79300

Advocate for the Petitioner   : MR. R C PAUL
                                                                       Page No.# 2/3


Advocate for the Respondent :

            Linked Case : I.A.(Civil)/184/2024

            ORIENTAL INSURANCE COMPANY LTD.
            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 WITH ONE OF ITS REGIONAL OFFICE AT GS ROAD
            ULUBARI
            GUWAHATI 7
            REPRESENTED BY ITS REGIONAL MANAGER.

            VERSUS

            SURAJIT CHOUDHURY AND ORS.
            S/O LATE B.K CHOUDHURY RESIDENT OF VILLAGE RILBONG
            PO AND PS LABAN
            DIST EAST KHASI HILLS
            SHILLONG
            MEGHALAYA
            793004

            2:SMTI SHANTI DEVI KAUR
            C/O RAJU SINGH

            RESIDENT OF VILLAGE GORALINA LAITUMKRAH
            SHILLONG
            HAIBARGAON
            DIST WAST KHASI HILLS
            MEGHALAYA
            793001
            3:SRI BKASH GOGOI
            S/O GOPESH GHOSH

            RESIDENT OF RIBONG
            PO
            PS AND DIST RIBONG
            MEGHALAYA
            793002
            ------------
            Advocate for : MR. R C PAUL
            Advocate for : appearing for SURAJIT CHOUDHURY AND ORS.
                                                                       Page No.# 3/3

                                   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. 2155/2015.

The appeal is admitted for hearing.

Call for the LCR.

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