New India Assurance Co Ltd vs Mitali Dey And 3 Ors H
2025 Latest Caselaw 1184 Gua

Gauhati High Court

New India Assurance Co Ltd vs Mitali Dey And 3 Ors H on 4 June, 2025

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GAHC010169812023




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

                        Case No. : MACApp./192/2025

         NEW INDIA ASSURANCE CO LTD.
         HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING,
         87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL
         OFFICE AT STAR CITY COMPLEX 5TH FLOOR, LACHIT NAGAR, NEAR
         HANUMAN MANDIR, GS ROAD, GUWAHATI 07



         VERSUS

         MITALI DEY AND 3 ORS H
         D/O LATE MAYA RANI DEVI @ MAYA RANI DEB @ MAYA DEB, RESIDENT
         OF VILLAGE BEHARBARI, AG RESIDENTIAL COMPLEX, PS BASISTHA,
         DIST KAMRUP M ASSAM

         2:SMTI. SAWWATI DEB
          D/O LATE MAYA RANI DEVI @ MAYA RANI DEB @ MAYA DEB

         RESIDENT OF VILLAGE BEHARBARI
         AG RESIDENTIAL COMPLEX
         PS BASISTHA
         DIST KAMRUP M ASSAM

         3:MD. AZAR ANSARI
          S/O MOULANA ABBAZ ANSARI
          RESIDENT G.N ROAD
          JORABAT
         WARD NO. 52
          DIST. KAMRUP
         ASSAM

         4:MD. ABDULA ANSARI
          S/O ABBAS ANSARI
         RESIDENT G.N ROAD
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             JORABAT
             WARD NO. 52
             DIST. KAMRUP
             ASSA

Advocate for the Petitioner   : MS P HUJURI, MR. R K BHATRA

Advocate for the Respondent : , RHITUSHREE TALUKDAR(R-3,4),DR AZIZ KHAN(R-3,4),P.
NATH(R-3,4),MR U CHAUDHURY(R-3,4)




                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                         ORDER

Date : 04.06.2025

Heard Ms. A. Biyani, learned counsel appearing on behalf Of Mr. R.K. Bhatra, learned counsel for the appellant.

This is an appeal filed under section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 04.04.2023 passed by the learned Member, Motor Accident Claims Tribunal No.2. Kamrup(M) in MAC Case No.1807/2020.

The appeal is admitted.

Call for the record.

Issue notice.

Since Mr. A. Mannan, learned counsel appears and accepts notice on behalf of the respondent Nos. 3 and 4, no formal notice need be issued to the said respondents. However, the appellant shall furnish memo of the appeal to the learned counsel for the respondent Nos.3 and 4 during the course of the day.

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The appellant shall take steps for service of notice upon the respondent Nos.1 and 2 by registered post with A/D as well as by usual process within one week from today.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant