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2018 Supreme(Gau) 1709

UJJAL BHUYAN
ICICI Lombard General Insurance Co. Ltd. – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. G.N. Sahewalla, Mr. M. Sahewalla and Mr. A. Chetia
For the Respondents: Mr. D. Mazumdar, Mr. S.R. Baruah and Mr. M.P. Sharma

ORDER :

1. This case was heard on 12.7.2018 and today is fixed for delivery of orders.

2. Heard Mr. G.N. Sahewalla, learned senior counsel, assisted by Mr. M. Sahewalla, learned counsel for the petitioner and Mr. D. Mazumdar, learned senior counsel and Additional Advocate General, Assam, assisted by Mr. S.R. Baruah, learned Government advocate, Assam, for the respondents. Also heard Mr. M.P. Sharma, learned counsel appearing for the Gauhati High Court.

3. By filing this petition under article 226 of the Constitution of India, petitioner seeks a direction to respondent No. 2, i.e., Director General of Police, Assam, to re-investigate all the road accident cases pending in the Motor Accident Claims Tribunals in the State of Assam, which are being proceeded on the basis of General Diary (‘GD’) Entry. Further prayer made is for a direction to the Motor Accident Claims Tribunals not to entertain any claim for compensation on the basis of General Diary (GD) Entry and to seek appropriate police investigation into the road accidents on the basis of which claims have been made.

4. Petitioner is the ICICI Lombard General Insurance Company Ltd., having its registered office at Mumbai with Branch

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