National Insurance Co. Ltd vs Musstt Muslema Khatun And Anr
2021 Latest Caselaw 1781 Gua

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GAHC010000802019




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : MACApp./129/2021

            NATIONAL INSURANCE CO. LTD
            HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA AND
            ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL
            OFFICE, AT G.S. ROAD, BHANGAGARH, GUWAHATI-5, ASSAM.



            VERSUS

            MUSSTT MUSLEMA KHATUN AND ANR
            W/O LATE SARIFUL HASAN, VILL. HATIMURIA, P.S. MAIRABARI, MAUZA
            MAIRABARI, DIST. MORIGAON (ASSAM), PIN 782126

            2:MD. IMRAN HUSSAIN
             S/O MD. MAKBUL HUSSAIN
            VILL. TATIKATA PATHER
             P.S. MAIRABARI
             MAUZA MAIRABARI
             DIST. MORIGAON (ASSAM)
             PIN 78212

Advocate for the Petitioner   : MR. K K BHATRA

Advocate for the Respondent : MR. M TALUKDAR




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                         ORDER

Date : 05-08-2021

Heard Mr. R.K. Bhatra, the learned counsel appearing for the Page No.# 2/3

appellant. Also heard Mr. M. Talukdar, the learned counsel for the respondent no. 1.

This an appeal u/s 173 of the MV Act, 1988, whereby the judgment and award dated 05.07.2018, passed by the MACT, Morigaon in MAC Case No. 30/2016.

The appellant/Insurance company submits here in this case that they filed written statement and after that the impugned judgment was passed. Mr. Bhatra has submitted that in this case the claimant as the wife of the deceased whereas the father of the deceased also filed another claim case being MAC Case No. 37/2016, in the same Tribunal. In that case the Insurance Company could not appear and file written statement and therefore, an ex-parte judgment was passed by the Tribunal.

Today on being agreed by both sides the MAC Appeal No. 128/2021, has been disposed of with a direction to the Tribunal to accept the written statement and the Insurance Company and to dispose of the matter.

Here also Mr. M. Talukdar, proposed that this matter also be remanded to the Tribunal to tried afresh with MAC Case No. 37/2016. Mr. Bhatra agreed to the proposal made be Mr. Talukdar. Accordingly, the impugned Judgment dated 5.07.2018, passed by MACT Morigaon in MAC Case No. 30/2016 is set aside. The matter is remanded back to the Tribunal at Morigaon for disposal along with MAC Case No. 37/2016.

It is further directed that the statutory deposit already made by the Insurance Company, shall be returned to the Insurance Company.

With aforesaid direction the appeal stands disposed of.

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JUDGE

Comparing Assistant