Citation : 2025 Latest Caselaw 424 Gua
Judgement Date : 9 May, 2025
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GAHC010038792025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./107/2025
THE RELIANCE GENERAL INSURANCE COMPANY LIMITED
HAVING ITS REGISTERED OFFICE AT 19, RELIANCE CENTRE, WALCHAND
HARICHAND MARG, BALLARD ESTATE, MUMBAI 400001 AND
CORPORATE OFFICE AT 570, RECTIFIER HOUSE, NAGAUM CROSS, NEXT
TO ROYAL INDUSTRIAL ESTATE, WADALA (W), MUMBAI 400031 AND ONE
OF THE BRANCHE OFFICE AT PRAG PLAZA, 5TH FLOOR, G.S. ROAD,
BHANGAGARH, GUWAHATI-781005.
VERSUS
KALPANA BORA
W/O. LT. BHUPEN CHANDRA BORA.
2:MEENSMITA BORA
D/O. LT. BHUPEN CHANDRA BORA.
3:ANKITA BORA
D/O. LT. BHUPEN CHANDRA BORA
ALL ARE R/O. C/O. MONOMOHAN KAKATI HOUSE NO 201
KAHIKUCHI
NEW KOLONY
P/O AND P/S AZRA KAMRUP METRO
DIST. KAMRUP (M)
ASSAM
PIN-781017.
4:AVINASH TUKARAM KADAM
S/O. TUKARAM SHANKAR KADAM
PERMANENT RESIDENT OF 2A BILLET AIR MEN MESS AFS YELAHANKA
BENGALURU
PIN- 560063
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TEMPORARY R/O. C/O. LOHIT DEKA
BARHATA BAIHATA CHARIALI
P/O P/S. BAIHATA CHARIALI
DIST.- KAMRUP RURAL
PIN-781381
Advocate for the Petitioner : MR. A J SAIKIA, M CHETIA,MR. S. PEGU
Advocate for the Respondent : FOR CAVEATOR, MR D MONDAL
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 09.05.2025
1. Heard Mr. A.J Saikia, learned counsel for the petitioner.
2. Also heard Mr. D Mondol, learned counsel appearing on behalf of the respondent No. 1, 2 & 3/Caveator claimants.
3. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 13.11.2024 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), at Guwahati, Assam in M.A.C Case No. 758/2019.
4. The appeal is admitted.
5. Issue notice.
6. Since Mr. D Mondol, learned counsel has appeared and accepted notice on behalf of the Caveator/respondent No. 1, 2 & 3/Claimants, no formal notice need be issued to the said respondent.
7. However, the appellants to take steps upon the respondent No. 4 by Registered Post with AD as well as by usual process within a week from today.
8. List this matter after 4(four) weeks.
9. Since Mr. D Mondol, learned counsel appeared on behalf of the Caveator and has been heard, the Caveat stands discharged.
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10. After admission, call for the T.C.R.
JUDGE
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