Page No.# 1/3 vs Khirada Roy @ Kshirada Roy @ Kshirada Ray ...
2024 Latest Caselaw 3004 Gua

Gauhati High Court

Page No.# 1/3 vs Khirada Roy @ Kshirada Roy @ Kshirada Ray ... on 3 May, 2024

                                                                  Page No.# 1/3

GAHC010183872023




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

                          Case No. : MACApp./26/2024

         ORIENTAL INSURANCE COMPANY LTD.
         (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT
         GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI- 781007 REP. BY THE
         DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI-
         781005.



         VERSUS

         KHIRADA ROY @ KSHIRADA ROY @ KSHIRADA RAY AND 3 ORS.
         W/O SRI DWIJEN ROY,
         VILL.- PASCHIM HAKARTUP, P.O.- ODALGURI, P.S.- PATACHARKUCHI,
         DIST.- BARPETA, ASSAM, PIN- 781325.

         2:RIDIP ROY
          S/O SRI DWIJEN ROY

         VILL.- PASCHIM HAKARTUP
          P.O.- ODALGURI
          P.S.- PATACHARKUCHI
          DIST.- BARPETA
          ASSAM
          PIN- 781325.
         (REP. BY RESPONDENT NO. 1).

         3:CHAYANIKA ROY
          D/O SRI DWIJEN ROY

         VILL.- PASCHIM HAKARTUP
         P.O.- ODALGURI
         P.S.- PATACHARKUCHI
         DIST.- BARPETA
         ASSAM
                                                                            Page No.# 2/3

              PIN- 781325.
             (REP. BY RESPONDENT NO. 1).

             4:DIJEN ROY
              F/O LATE NABA ROY

             VILL.- PASCHIM HAKARTUP
              P.O.- ODALGURI
              P.S.- PATACHARKUCHI
              DIST.- BARPETA
              ASSAM
              PIN- 781325.
             (REP. BY RESPONDENT NO. 1)

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MS D D ROY (r-1)




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                         ORDER

03.05.2024 Heard Ms. R. D. Mozumdar, learned counsel for the appellant. Also heard Ms. D. D. Roy, learned Counsel for the respondent No.1 to 4.

This appeal filed under Section 173 of the Motor Vehicle Act, 1988 challenging the Judgment and Order dated 23.05.2023 passed by the learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M), Guwahati in MAC Case No.689/2017.

It is submitted by the learned counsel for the appellant, Ms. Mozumdar that the owner and the driver of the vehicle died before the claim petition was filed, and, the claimant (s) did not made the legal heirs of the deceased owner as the party in the case and as there was a violation of policy condition, the learned Trial Court directed the present appellant to pay and recover the award.

Admit.

Page No.# 3/3

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

Since Ms. D. D. Roy, learned counsel for the respondents, has entered appearance and accepted notice on behalf of the respondent Nos. 1 to 4, no formal notice is required to be issued to the said respondent. However, she shall be provided with requisite extra-copy of the petition during the course of the day, if not already furnished.

The learned counsel for the appellant shall take steps for causing service of notice upon respondent Nos. 1 and 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