Disposed
Smti. Purabi Das and 2 Ors. v. the New India Assurance Company Limited and Anr.
Gauhati HCI.A.(Civil)/360/2020
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from the order text
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GAHC010318442019 THE GAUHATI HIGH COURT…
What the court decided
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GAHC010318442019 THE GAUHATI HIGH COURT…
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GAHC010318442019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./563/2022
SMTI. PURABI DAS AND 2 ORS
WIFE OF LATE GOPAL DAS, RESIDENT OF VILLAGE AMOLAPATTY GUARD QUARTER, DIBRUGARH, P.O, P.S. AND DISTRICT DIBRUGARH, ASSAM.
2: MISS ANANYA DAS DAUGHTER OF LATE GOPAL DAS RESIDENT OF VILLAGE AMOLAPATTY GUARD QUARTER DIBRUGARH P.O P.S. AND DISTRICT DIBRUGARH ASSAM. 3: SRI BAIBHAB DAS DAUGHTER OF LATE GOPAL DAS RESIDENT OF VILLAGE AMOLAPATTY GUARD QUARTER DIBRUGARH P.O P.S. AND DISTRICT DIBRUGARH ASSAM. REPRESENTED BY HER MOTHER SMTI PURABI DAS
VERSUS
THE NEW INDIA ASSURANCE COMPANY LIMITED AND ANR DIGBOI BRANCH, P.O. AND P.S. DIGBOI, DISTRICT TINSUKIA, ASSAM
2:M/S ADITI R AND D SERVICES DIGBOI RILEX COMPLEX DIGBOI CHARIALI P.O. AND P.S. DIGBOI DIST. TINSUIKIA ASSAM
Advocate for the Petitioner : MR. A R SHOME
Advocate for the Respondent : MS. R D MOZUMDAR
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Linked Case : I.A.(Civil)/360/2020 SMTI. PURABI DAS AND 2 ORS WIFE OF LATE GOPAL DAS RESIDENT OF VILLAGE AMOLAPATTY GUARD QUARTER DIBRUGARH P.O P.S. AND DISTRICT DIBRUGARH ASSAM. 2: MISS ANANYA DAS DAUGHTER OF LATE GOPAL DAS RESIDENT OF VILLAGE AMOLAPATTY GUARD QUARTER DIBRUGARH P.O P.S. AND DISTRICT DIBRUGARH ASSAM. 3: SRI BAIBHAB DAS DAUGHTER OF LATE GOPAL DAS RESIDENT OF VILLAGE AMOLAPATTY GUARD QUARTER DIBRUGARH P.O P.S. AND DISTRICT DIBRUGARH ASSAM. REPRESENTED BY HER MOTHER SMTI PURABI DAS. VERSUS THE NEW INDIA ASSURANCE COMPANY LIMITED AND ANR DIGBOI BRANCH P.O. AND P.S. DIGBOI DISTRICT TINSUKIA ASSAM 2:M/S ADITI R AND D SERVICES DIGBOI RILEX COMPLEX DIGBOI CHARIALI P.O. AND P.S. DIGBOI DIST. TINSUIKIA ASSAM. -----------Advocate for : MR. A R SHOME Advocate for : appearing for THE NEW INDIA ASSURANCE COMPANY LIMITED AND ANR
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BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
Date : 14.09.2022
Heard Mr. S.R. Shome, learned counsel for the appellants who has filed this appeal against the Judgment & Order dated 02.02.2019 in MACT case No. 88/2013 passed by the learned Tribunal Dibrugarh.
The learned counsel submits that the learned Tribunal had erred a given an award of only Rs.2,00,000/- as personal limited liability, wherein the driver of the vehicle is not the owner of the vehicle.
Appeal is admitted.
Ms. C. Mozumdar, learned counsel for the respondent No.1 is present.
Issue notice upon the respondent No.2 through Registered post with A/D as well as through the usual process.
List the matter after the ensuing vacation . In the meantime, LCR is to be called for.
JUDGE
Comparing Assistant
Smti. Purabi Das and 2 Ors.
The New India Assurance Company Limited and Anr.
Marli Vankung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court