Bharat Chandra Sarkar vs The Oriental Insurance Company Limited ...
2024 Latest Caselaw 6436 Gua

Gauhati High Court

Bharat Chandra Sarkar vs The Oriental Insurance Company Limited ... on 30 September, 2024

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GAHC010068962018




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

                                Case No. : MACApp./411/2018

            BHARAT CHANDRA SARKAR
            S/O LATE MOHANANDA SARKAR ,
            VILL. NO. 2 KALIBARI (BORNAR POTTI)
            P.O. AND P.S. GAURIPUR .DHUBRI.
            DIST. DHUBRI ,ASSAM .



            VERSUS

            THE ORIENTAL INSURANCE COMPANY LIMITED AND 2 ORS
            DHUBRI BRANCH ,DK ROAD DHUBRI. P.O.P.S. AND DIST. DHUBRI
            ASSAM ,PIN.783301.

            2:BABUL CHANDRA SARKAR
             S/O BHARAT CHANDRA SARKAR
             VILLAGE AND P.O. KHERBARI
            P.S. GOLAKGANJ
             DIST. DHUBRI
            ASSAM .

            3:SATYABRATA SEN
             S/O LATE SC SEN
            P.O. AND P.S. BILASIPARA WARD NO.5
             DIST. DHUBRI
            ASSA

Advocate for the Petitioner   : MR. A SAYED, MD. A KUDDUS,MR. H A KHAN,MR. S K
TALUKDAR

Advocate for the Respondent : MR SISHIR DUTTA (R1), MR. C SHARMA (R1),MS. M
CHOUDHURY (R1),MS S MOCHAHARI (R1),MS M GAZLOO (R1),MS. N MODI (R1)
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                                           BEFORE
                  HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA

                                           ORDER

30-09-2024 Heard Ms. S.T.Bokth, learned counsel for the appellant and Ms. S.Mochahari, learned counsel for the respondent No.1.

This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant impugning the judgment dated 20.11.2017 passed in MAC Case No. 128/2010 by the learned Member, Motor Accident Claims Tribunal, Dhubri whereby the application filed by the present appellant was dismissed.

This appeal is admitted.

Issue notice to the respondents.

Since Ms. S. Mochahari, learned counsel has appeared for the respondent No. 1, no formal notice need to be issued to the said respondent.

However, the appellant is directed to furnish copies of the memo of appeal along with the annexures appended theretoto the learned counsel for the respondent No. 1 within a period of 2 (two) days from the date of this order.

As regards the respondent Nos. 2 & 3 are concerned, the appellant shall take steps for issuance of notices upon the said respondents by registered post with A/D and by usual mode within a period of 7 (seven) days from this order.

Returnable on 06.11.2024.

Let the case record of MAC Case No. 128/2010 be called for from the Court of learned Member, Motor Accident Claims Tribunal, Dhubri.

List accordingly.

JUDGE Page No.# 3/3

Comparing Assistant