NEW INDIA ASSURANCE COMPANY LTD. Vs. NRIPEN CHANDRA DEKA
HIGH COURT OF GAUHATI
NEW INDIA ASSURANCE COMPANY LTD.
Nripen Chandra Deka
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KALYAN RAI SURANA -
(1.) Heard Mr. A. Acharya, learned counsel for the appellant. None appears on call for the respondents although notice of this application has been duly served on the respondents No.1 and 2. The name of the respondent No.3 was struck off by the order of this Court dated 15.07.2015.
(2.) By an order dated 05.09.2013 passed by this Court in Misc. Case No.2540/2013, a sum of Rs.11.00 Lakh was ordered to be deposited in favour of the respondent No.1 before the Court of learned Additional District and Sessions Judge No.4, FTC -cum- Member, MACT, Kamrup, Guwahati in MAC Case No.78/2008. The Lower Court's record reveals that the said sum has already been withdrawn by the respondent No.1 on 17.12.2013. Hence, the respondent No.1 has the knowledge of pendency of this appeal. Accordingly, the matter is ex-parte heard against the respondents No.1 and respondent No.2.
(3.) By this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant has challenged the impugned judgment and award dated 10.04.2013 passed by the learned Member, MACT, Kamrup, Guwahati in MAC Case No.78/2008 [MAC Case No. 2931/2007(old)], whereby an award of Rs. 14,97,644/- with interest @ 6% per annum was awarded in favour of the respondent No.4.;
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