The Oriental Insurance Co. Ltd vs Sanjit Balmiki And 3 Ors
2025 Latest Caselaw 1827 Gua

Gauhati High Court

The Oriental Insurance Co. Ltd vs Sanjit Balmiki And 3 Ors on 8 January, 2025

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GAHC010144042023




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

                          Case No. : MACApp./290/2024

         THE ORIENTAL INSURANCE CO. LTD
         A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REP. BY ITS
         REGIONAL MANAGER, ULUBARI, GUWAHATI- 7, DIST.- KAMRUP, ASSAM.


         VERSUS

         SANJIT BALMIKI AND 3 ORS.
         S/O BAHULAL BALMIKI, R/O HOUSE NO. 62, VIVEKANADA ROAD,
         OPPOSITE LANE NO. 17, WARD NO. 25, P.O.- SILCAHR, DIST.- CACHAR,
         ASSAM, PIN-

         2:SABITA BALMIKI
         W/O SANJIT BALMIKI

         R/O HOUSE NO. 62
         VIVEKANADA ROAD
         OPPOSITE LANE NO. 17
         WARD NO. 25
         P.O.- SILCAHR
         DIST.- CACHAR
         ASSAM
         PIN-

         3:PURVANCHAL COMMUNICATION PRIVATE LIMITED
          C/O SAHIB NARAIN
          4TH FLOOR
          BORDOICHILA BHAWAN (K) ABOVE SAMSUNG PLAZA
          G.S. ROAD
          BHANGAGHAR
          GUWAHATI- 05
          DIST.- KAMRUP (M)
         ASSAM.
                                                                            Page No.# 2/3

            4:RAM BAHADUR GURUNG
             S/O MON BAHADUR GURUNG
             R.M.S. OFFICE
            TARAPUR
             P.O.- SILCHAR
             P.S.- SILCHAR
             DIST.- CACHAR
            ASSAM

Advocate for the Petitioner   : MR. S K GOSWAMI, MR. R SHARMA

Advocate for the Respondent : MR. S SUTRADHAR (R-1,2), MR. A K DUTTA (R-1,2)




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

Date : 08.01.2025

1. Heard Mr. S. K. Goswami, learned counsel for the appellant. Also heard Mr. S. Sutradhar, learned counsel for the respondent Nos. 1 and 2.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant Insurance Company impugning the judgment and award dated 08.12.2022 passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar in MAC Case No. 75/2018 aggrieved with the quantum of compensation awarded to the claimants respondents.

3. Admit the appeal.

4. Let the records of MAC Case No. 75/2018 be called for from the concerned Tribunal.

5. Issue notice to the respondents.

6. Since, Mr. S. Sutradhar, learned counsel has appeared for the Page No.# 3/3

respondent Nos. 1 and 2, no formal notice need to be issued to respondent Nos. 1 and 2.

7. However, as regards respondent Nos. 3 and 4 are concerned, the appellant shall take steps for issuance of notice upon the said respondent by registered post with A/D as well as by usual mode within seven days from the date of this order, returnable after four weeks.

8. List accordingly.

JUDGE

Comparing Assistant