Gauhati High Court
United India Insurance Company Ltd vs Shyamali Kalita And 4 Ors on 3 May, 2024
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GAHC010042992024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./187/2024
UNITED INDIA INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AT 24, WHITES ROAD, CHENNAI AND
ONE OF THE REGIONAL OFFICE AT GS RAOD, GUWAHATI
VERSUS
SHYAMALI KALITA AND 4 ORS
W/O LATE ASHWINI KALITA,
RESIDENT OF VILLAGE CHOUDHURYPARA, PS CHHAYAGAON, DIST
KAMRUP ASSAM 781141
2:MISS KABERI KALITA
W/O LATE ASHWINI KALITA
RESIDENT OF VILLAGE CHOUDHURYPARA
PS CHHAYAGAON
DIST KAMRUP ASSAM 781141
3:MISS MOUSUMI KALITA
D/O LATE ASHWINI KALITA
RESIDENT OF VILLAGE CHOUDHURYPARA
PS CHHAYAGAON
DIST KAMRUP ASSAM 781141
4:SRI AJANTA CH. MAZUMDER
S/O LATE UMESH MAZUMDER
RESIDENT OF VILLAGE BORJHAR
PS AZARA DIST KAMRUP ASSAM 781017
5:SRI DIMBESWAR DAS
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S/O MANESWAR DAS
RESIDENT OF BAMUNIGAON
PS CHHAYAGAO
DIST KAMRUP ASSAM 78114
Advocate for the Petitioner : MR. K K BHATTA
Advocate for the Respondent :
Linked Case : I.A.(Civil)/1267/2024
UNITED INDIA INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AT 24
WHITES ROAD
CHENNAI AND ONE OF THE REGIONAL OFFICE AT GS RAOD
GUWAHATI
VERSUS
SHYAMALI KALITA AND 4 ORS
W/O LATE ASHWINI KALITA
RESIDENT OF VILLAGE CHOUDHURYPARA
PS CHHAYAGAON
DIST KAMRUP ASSAM 781141
2:MISS KABERI KALITA
W/O LATE ASHWINI KALITA
RESIDENT OF VILLAGE CHOUDHURYPARA
PS CHHAYAGAON
DIST KAMRUP ASSAM 781141
3:MISS MOUSUMI KALITA
D/O LATE ASHWINI KALITA
RESIDENT OF VILLAGE CHOUDHURYPARA
PS CHHAYAGAON
DIST KAMRUP ASSAM 781141
4:SRI AJANTA CH. MAZUMDER
S/O LATE UMESH MAZUMDER
RESIDENT OF VILLAGE BORJHAR
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PS AZARA DIST KAMRUP ASSAM 781017
5:SRI DIMBESWAR DAS
S/O MANESWAR DAS
RESIDENT OF BAMUNIGAON
PS CHHAYAGAO
DIST KAMRUP ASSAM 781141
------------
Advocate for : MR. K K BHATTA
Advocate for : appearing for SHYAMALI KALITA AND 4 ORS
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
03.05.2024
Heard Mr. K. K. Bhatta, learned counsel for the appellant/applicant.
This appeal filed under Section 173 of the Motor Vehicle Act, 1988 against
the Judgment and Order dated 05.01.2024 passed by the learned Member,
Motor Accident Claims Tribunal, Kamrup (R), Amingaon in MAC Case
No.219/2019.
It is submitted by the learned counsel for the appellant/applicant that the
learned Trial Court did not considered the notification of Government of Assam
dated 01.04.2017 and also did not considered the fact that as per the scheme,
the family of the deceased are getting pension equal to 100% of the last drawn
by the deceased.
Admit.
Issue notice to the respondents, returnable within 4(four) weeks.
The learned counsel for the appellant shall take steps for causing service
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of notice upon respondent Nos. 1 to 5 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 matters after 4 (four) weeks.
JUDGE
Comparing Assistant
