Sri Sanwarmal Swami vs The Oriental Insurance Company Ltd. And ...
2024 Latest Caselaw 7465 Gua

Gauhati High Court

Sri Sanwarmal Swami vs The Oriental Insurance Company Ltd. And ... on 1 October, 2024

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GAHC010203532019




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

                         Case No. : MACApp./332/2024

         SRI SANWARMAL SWAMI
         S/O- LATE NATHULAL SWAMI, R/O- HANUMAN BHANDAR, DIPHU TOWN,
         DIST.- KARBI ANGLONG, ASSAM, PIN- 782460.

         VERSUS

         THE ORIENTAL INSURANCE COMPANY LTD. AND 4 ORS
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI
         ROAD, NEW DELHI, PIN- 110002 AND REGIONAL OFFICE AT GODREJ
         BUILDING, G.S. ROAD, ULUBARI, PIN- 781007. (INSURER OF THE VEHICLE
         (TRUCK) BEARING NO. AS-09-C-1187).

         2:AFIA BEGUM
         W/O- LATE ABDUL MANNAM
          R/O- VILL.- UTTA ASHINAGAR
          P.O. AND P.S. DOBOKA
          DIST.- NAGAON
         ASSAM
          PIN- 782440.

         3:ADBUL MANNAN
          S/O- MARMUJ ALI
          R/O- VILL.- UTTA ASHINAGAR
          P.O. AND P.S. DOBOKA
          DIST.- NAGAON
         ASSAM
          PIN- 782440.

         4:REJBINA BEGUM
         W/O- LATE BASIR UDDIN
          PRESENTLY RESIDENT OF MOUDANGA KRISHI PAM NIGAM
          P.O. AND P.S. MURAJAR
          DIST.- NAGAON
         ASSAM
                                                                         Page No.# 2/3

             PIN- 782445.

            5:SRI BISTI PANIKA
             S/O- SHEKHAR PANIKA
             R/O- VILL.- CENTER BAJAR
             P.O. AND P.S. HOWRAGHAT
             DIST.- KARBI ANGLONG
            ASSAM
             PIN- 782481. (DRIVER OF VEHICLE (TRUCK) BEARING NO. AS-09-C-1187)

Advocate for the Petitioner   : MR. S R GOGOI, MR H BARUAH

Advocate for the Respondent : ,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

Date : 01.10.2024

Heard Mr. S. R. Gogoi, learned counsel for the appellant. Also heard Mr. S. P. Sarma, learned counsel for the respondent/Insurance Company.

This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant impugning the judgment and award dated 30.10.2018 passed in MAC Case No. 443/2015 by the learned Member, Motor Accident Claims Tribunal, Nagaon.

The appellant is aggrieved with the direction given in the impugned order regarding recovering the amount of the award from the appellant by the Insurance Company after paying the same to the claimant.

The appeal is admitted.

Issue notice to the respondents.

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Since, Mr. S. P. Sarma, learned counsel has appeared for the respondent No. 1, no formal notice need to be issued to the respondent No. 1.

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

on 18st November, 2024.

Let the case record of MAC Case No. 443/2015 be called for from the concerned Tribunal.

The Registry is directed to reflect the name of Ms. R. D. Mozumdar as engaged counsel for the respondent No. 1 in the cause-list henceforth.

List accordingly.

JUDGE

Comparing Assistant