Oriental Insurance Company Ltd vs Aliya Khatun And 3 Ors. B
2024 Latest Caselaw 3000 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Aliya Khatun And 3 Ors. B on 3 May, 2024

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GAHC010127882023




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

                         Case No. : MACApp./150/2024

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



         VERSUS

         ALIYA KHATUN AND 3 ORS. B
         W/O LATE AZIZUR BEPARI, RESIDENT OF VILLAGE JAGRATAPARA, PO
         AND PS KRISHNAI, DIST GOALPARA, ASSAM 783126.

         2:ATIKA AKTAR
          D/O LATE AZIZUR BEPARI

         RESIDENT OF VILLAGE JAGRATAPARA
         PO AND PS KRISHNAI
         DIST GOALPARA
         ASSAM 783126.
         TO BE REP. BY. RES. NO. 1

         3:AJIDA BEWA
         W/O LATE TAFAZAL BEPARI
         RESIDENT OF VILLAGE JAGRATAPARA
          PO AND PS KRISHNAI
          DIST GOALPARA
         ASSAM 783126.

         4:SUBODH GOPE
          S/O LATE SACHINDRA GOPE

         RESIDENT OF BABUPARA PO AND PS KRISHNAI
         DIST GOALPARA
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             ASSAM 78312

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent :




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                           ORDER

03.05.2024 Heard Ms. R. D. Mozumdar, learned counsel for the appellant. Also heard Mr. A. N. Iqbal, learned counsel for the respondent Nos. 1 to 3.

This appeal filed under Section 173 of the Motor Vehicle Act, 1988 against the Judgment and Award dated 04.02.2023 passed by the learned Member, Motor Accident Claims Tribunal, Goalpara in MAC Case No.53/2019.

It is submitted by the learned counsel for the appellant, Ms. Mozumdar that the claim of one labour was already paid as per the judgment and award dated 04.02.2023 passed in MAC Case No.54/2019. But, the learned Trial Court passed the order without considering the fact that the premium was paid by the owner for covering the legal liability of only 1 labour.

Admit.

Issue notice to the respondents, returnable within 4(four) weeks.

Since Mr. A. N. Iqbal, learned counsel for the respondents, has entered appearance and accepted notice on behalf of the respondent Nos. 1 to 3, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the petition during the course of the day, if not already furnished.

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The learned counsel for the appellant shall take steps for causing service of notice upon respondent Nos. 4 by registered post with A/D as well as by usual process within a week from today.

Call for the LCR from the learned Trial Court.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant