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2018 DIGILAW 1265 (GAU)

NATIONAL INSURANCE CO LTD v. DIPTI SARMAH

2018-08-28

RUMI KUMARI PHUKAN

body2018
JUDGMENT : RUMI KUMARI PHUKAN, J. 1. Heard Mr. R.D. Mazumdar, the learned counsel appearing for the appellant as well as Mr. S.P. Choudhury, the learned counsel appearing on behalf of the respondents. 2. At the time of initiating of the arguments, the learned counsel for both the parties drawn the attention of the Court that award has been granted treating the offending vehicle No. AS-04 D/7472, whereas, the entire documents pertaining to the LCR including the written statement of the owner of the vehicle indicates that the offending vehicle was AS-03 D/7472. It was also admitted by the Insurance Company that the vehicle No. AS-04 D/7472 was insured that their Company but not vehicle No. AS-03 D/7472. But the award has been passed directing the Insurance Company to indemnifying the compensation in respect of the AS-04 D/7472. 3. It is admitted by the owner of the vehicle that number of vehicle involved in the accident is AS-03 D/7472. It is also noted that there was correction above the number of the vehicle in claim petition, issues framed by the learned Tribunal and the petition U/s 140 (2) MV Act, 1988 as well as the farm 54. 4. I have considered the submissions made by the learned counsels for both parties and perused the materials available on record. The learned counsel for both the parties has fairly submits that the aforesaid issues should be decided by the learned Tribunal. Accordingly, the matter is remanded back to the learned Tribunal with a direction to dispose of the matter with proper appreciation of evidence & documents on record as indicated above, within a period of 3 (three) months from the date of receipt of the record and both the parties are also appeared to the learned Tribunal as on 27.09.2018. 5. Accordingly, the appeal stands disposed of.