Citation : 2024 Latest Caselaw 7458 Gua
Judgement Date : 1 October, 2024
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GAHC010010702022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./484/2024
THE ORIENTAL INSURANCE CO. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956.
REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI 7
VERSUS
DAYABATI ROY AND 4 ORS. B
W/O LATE ABINASH ROY RESIDENT OF VILLAGE SUPRAKANDI, PO
GIRISHGANJ BAZAR, PS NILAMBAZAR, DIST KARIMGANJ, ASSAM
2:MR. PACHI HLYCHILD
C/O SWAPAN NATH
RESIDENT OF SONAI ROAD
SILCHAR
CACHAR
PO LINK ROAD
DIST CACHAR
ASSAM
788006
3:ARUP ROY
S/O LATE ABINASH ROY
RESIDENT OF SAIDPUR PART IV
PO SAIDPUR MUKAM
PS SILCHAR
DIST CACHAR
ASSAM
4:ARPITA ROY
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D/O LATE ABINASH ROY
RESIDENT OF SAIDPUR PART IV
PO SAIDPUR MUKAM
PS SILCHAR
DIST CACHAR
ASSAM
5:FULAMTI ROY
W/O LATE RAMAKANTA ROY
RESIDENT OF SAIDPUR PART IV
PO SAIDPUR MUKAM
PS SILCHAR
DIST CACHAR
ASSA
Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
01.10.2024
1. Heard Mr. R. Sharma, learned counsel for the appellant.
2. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellant/insurance company impugning the Judgment and Award dated 07.09.2018, passed by the Court of District Judge-cum-Member, MACT, Karimganj, in MAC Case No. 46/2015.
3. The appellant has also impugned the order dated 20.09.2021, passed in Misc (Review) No. 02/2019 by the MACT, Karimganj in connection with MAC Case No. 46/2015.
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4. The appeal is admitted.
5. Issue notice to the respondents and call for the relevant case records.
6. The learned counsel for the appellant shall take steps for issuance of notice on the respondents by registered post with A/D within 7(seven) days from the date of this order, returnable after 4(four)weeks.
7. List accordingly.
JUDGE
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