United India Insurance Company Ltd vs Moina Kumar And 3 Ors
2025 Latest Caselaw 4634 Gua

Gauhati High Court

United India Insurance Company Ltd vs Moina Kumar And 3 Ors on 18 August, 2025

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GAHC010250312024




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

                        Case No. : MACApp./363/2025

         UNITED INDIA INSURANCE COMPANY LTD
         HAVING ITS REGISTERED AND HEAD OFFICE AT 24, WHITES ROAD,
         CHENNAI-600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE, 1ST
         FLOOR, G.S. ROAD, NEAR DISPUR POST OFFICE, GUWAHATI, KAMRUP
         (M), PIN-781005 REP. BY THE REGIONAL MANAGER, GUWAHATI
         REGIONAL OFFICE.

         VERSUS

         MOINA KUMAR AND 3 ORS
         W/O. LATE PRADIP KUMAR

         2:BANASMITA KUMARI
          D/O. LATE PRADIP KUMAR

         3:DIPJYOTI KUMAR
          S/O. LATE PRADIP KUMAR
          ALL ARE R/O. VILL. NO. 4
          RAJGARH
          P/S. UDALGURI
          DIST. UDALGURI
          ASSAM
          PIN-784509.
         PRESENTLY RESIDING AT CARE OF SRI REBAKANTA KUMAR
          VILL. DHOKAPARA
          P/S. SIPAJHAR
          DIST. DARRANG
          ASSAM
          PIN-784145.
         (RESPONDENT NO. 2 AND 3 BEING MINOR IS REPRESENTED BY THE
         RESPONDENT NO. 1)

         4:HAR MOHAN MALAKAR
          S/O/ DHARMA KANTA MALAKAR
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            R/O. H/NO. 18
            JOYNAGAR
            SIXMILE
            P/S. KHANAPARA
            DIST. KAMRUP (M)
            ASSAM
            PIN-781028.
            PRESENT ADDRESS- VILL. DHARAMJULI
            P/O. DHARAMJULI
            P/S. DIMAKUCHI
            DIST. UDALGURI
            PIN-784509

Advocate for the Petitioner   : MR T KALITA, MR. A KAKATI

Advocate for the Respondent : , MR N BARUAH(R-1)

                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                         ORDER

Date : 18.08.2025

Heard Mr. T. Kalita, learned counsel for the appellant Insurance Company. Also heard Ms. Mrinalini Dutta Choudhury, learned counsel appearing on behalf of respondents No. 1, 2 & 3.

This appeal has been preferred by the appellant Insurance Company under Section 173 of the Motor Vehicle Act, 1988, against the judgment & order, dated 29.05.2024, passed by the learned Additional District Judge, Darrang, Mangaldai, in MAC (Death) Case No. 80/2018.

The appeal is admitted for hearing.

Call for the relevant trial Court records.

Page No.# 3/3

Issue notice.

Since Ms. Choudhury, learned counsel, has appeared and accepted notice on behalf of the claimants No. 1, 2 & 3, no formal notice be issued to them.

However, the appellant Insurance Company shall take steps for issuance of notice upon the respondent No. 4, by registered post with A/D as well as by usual process, within 5(five) days from today.

List it after 4(four) weeks on a date to be fixed by the Registry by reflecting the name of Ms. Choudhury, learned counsel, as appearing on behalf of respondents No. 1, 2 & 3, in the Cause List, henceforth.

JUDGE

Comparing Assistant