The Oriental Insurance Co. Ltd vs Ashima Sahi And 3 Ors E
2024 Latest Caselaw 7442 Gua

Gauhati High Court

The Oriental Insurance Co. Ltd vs Ashima Sahi And 3 Ors E on 1 October, 2024

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GAHC010106962024




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

                                Case No. : MACApp./433/2024

            THE ORIENTAL INSURANCE CO. LTD
            A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REP. BY ITS
            REGIONAL MANAGER, ULUBARI, GUWAHATI- 7, DIST.- KAMRUP(M),
            ASSAM.

            VERSUS

            ASHIMA SAHI AND 3 ORS E
            W/O LATE PURAN SINGH SOHI @ SAHI, R/O NEGTHERITING T.E., P.S.-
            DERGAON, DIST.- GOLAGHAT, ASSAM.

            2:CHANDAN SINGH SAHI
             S/O LATE PURAN SINGH SOHI @ SAHI

            R/O NEGTHERITING T.E.
            P.S.- DERGAON
            DIST.- GOLAGHAT
            ASSAM.

            3:MEETHLESH SINGH
             S/O BIRBAHADUR SINGH

            R/O RONGAGORA
            P.O.- RONGAGORA GHAT
            GOLAGHAT- 785621.

            4:PRABIN SAIKIA
             S/O LERELA SAIKIA

            R/O SESAMUKH

            P.S. AND DIST.- GOLAGHAT

Advocate for the Petitioner   : MR. S K GOSWAMI, MR. R SHARMA
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Advocate for the Respondent : MR. A BHATTACHARYYA(R-1), MR. S SINGH(R-1)




                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

Date : 01.10.2024 Heard Mr. R. Sharma, learned counsel for the appellant. Also heard Mr. A. Bhattacharyya, learned counsel for the respondent Nos. 1 and 2.

This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant/Insurance Company impugning the judgment and award dated 29.12.2023 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati in MAC Case No. 1010/2021.

Issue notice to the respondents.

Call for the case record of MAC Case No. 1010/2021 from the concerned Tribunal.

Since, Mr. A. Bhattacharyya, learned counsel has appeared for the respondent Nos. 1 and 2, no formal notice need to be issued to the said respondents.

As regards the other respondents, the appellant shall take steps for issuance of notice upon the said respondents by registered post with A/D as well as by usual mode within seven days from the date of this order, returnable after four weeks.

JUDGE

Comparing Assistant