National Insurance Co Lt vs Banamala Das
2025 Latest Caselaw 2860 Gua

Gauhati High Court

National Insurance Co Lt vs Banamala Das on 5 February, 2025

                                                               Page No.# 1/3

GAHC010012272025




                                                        undefined

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

                         Case No. : MACApp./25/2025

         NATIONAL INSURANCE CO LT
         HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET, KOLKATA
         700071 AND REGIONAL OFFICE AT G.S ROAD, BHANGAGARH, GUWAHATI
         05, REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE ,
         GUWAHATI



         VERSUS

         BANAMALA DAS
         W/O LATE LAKHI KANTA DAS,
         RESIDENT OF VILLAGE BHARUKATI , PS BHURAGAON , MORIGAON
         ASSAM

         2:KALI DAS
          S/O LATE LAKHI KANTA DAS

         RESIDENT OF VILLAGE BHARUKATI
         PS BHURAGAON
         MORIGAON ASSAM

         3:NIRMAL DAS

          S/O LATE LAKHI KANTA DAS

         RESIDENT OF VILLAGE BHARUKATI
         PS BHURAGAON
         MORIGAON ASSAM

         4:SUJOY DAS

          S/O LATE LAKHI KANTA DAS
                                                                            Page No.# 2/3

            RESIDENT OF VILLAGE BHARUKATI
            PS BHURAGAON
            MORIGAON ASSAM

            5:PARITOSH NANDI

             S/O HARIPAD NANDI

            RESIDENT OF VILLAGE PHULBARI
            WARD NO. 2
            PS MORIGAON DIST MORIGAON ASSAM

            6:MD. MAHARUL ISLAM
             S/O NUR HUSSAIN

            RESIDENT OF VILLAGE KUPATIMARI
            PS BHURAGAON
            DIST MORIGAON
            ASSA

Advocate for the Petitioner   : P J BARM, MS R TADO,MR. P J BARMAN

Advocate for the Respondent : ,




                                   BEFORE
                     HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                         ORDER

Date : 05.02.2025

Heard Ms. P. Phukan appearing on behalf of her senior Mr. P.J. Barman, learned counsel for the appellant.

The learned counsel submits that the instant appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment & Order dated 24.10.2024 passed by the Member, M.A.C.T, Morigaon in MAC (Death) Case No. 14/2016 awarding a sum of Rs. 4,38,000/- with interest of 6% per annum from the date of filing of the appeal petition i.e., 21.03.2016 till payment.

Page No.# 3/3

The learned counsel submits that the impugned judgment and order is liable to be set aside, challenging the validity of driving license of the accident vehicle amongst other grounds.

Appeal is admitted.

Issue notice to the respondents through registered post with A/D as well as by usual process within 3 days, returnable by three weeks.

List the matter after 3 (three) weeks.

JUDGE

Comparing Assistant