DIVISIONAL MANAGER ORIENTAL INSURANCE CO LTD Vs. THEMING YIMCHUNGER
LAWS(GAU)-2011-10-27
HIGH COURT OF GAUHATI
Decided on October 12,2011

DIVISIONAL MANAGER ORIENTAL INSURANCE CO LTD Appellant
VERSUS
Theming Yimchunger Respondents

JUDGEMENT

- (1.) Heard Mrs. A. Modi, learned counsel for the appellant. None appears for the respondents either on 10-10-2011 or today i.e. 12-10-2011.
(2.) This appeal has been directed against the Judgment and Order dated 28-3-2007 passed in MAC Case No.25/2004, whereby the respondent No.1 was awarded a sum of Rs. 2,41,000/- for sustaining injury in respect of a vehicular accident that took place on 22-10-1988 involving a vehicle bearing registration No. NLY-811. The claim petition was filed before the Motor Accident Claims Tribunal under Sections 140 & 166 of the Motor Vehicles Act, 1988, for short, the Act.
(3.) The present appellant and the respondent No.3, who was arrayed as opposite party No.2 before the learned Tribunal had appeared and submitted written statement and took part in the proceedings. The present respondent Nos. 2 & 4 who had been arrayed as opposite party Nos. 3 & 4, respectively, before the learned Tribunal neither filed written statement nor contested the case. The respondent No.3 is the owner of a vehicle No. NLK-909 and respondent No.2 is the owner of the vehicle bearing registration No. NLY-811. The Insurance Company had filed an application under Section 170 of the Act. However, that application was rejected by the learned Tribunal by an order dated 6-10-2006.;


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