National Insurance Co Ltd vs Md. Elas Uddin And 3 Ors
2021 Latest Caselaw 1986 Gua

                                                            Page No.# 1/3

GAHC010002062015




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

                         Case No. : I.A.(Civil)/1196/2021


         NATIONAL INSURANCE CO LTD
         HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET
         KOLKATA AND ONE OF THE REGIONAL OFICES KNOWN AS GUWAHATI
         REGIONAL OFFICE
         G.S. ROAD
         BHANGAGARH
         GUWAHATI 781005
         KAMRUP ASSAM AND ONE OF THE BRANCH OFFICE AT NAGAON ASSAM


          VERSUS

         MD. ELAS UDDIN and 3 ORS

         S/O TALEB ALI
         R/O VILL. DHING BARI PATHER
         P.S.JURIA
         DIST. NAGAON
         ASSAM.

         2:MD. NAZRUL ISLAM

         S/O SURAJ ALI
         R/O SUTARGAON
         P.S. DHING
         DIST. NAGAON
         ASSAM
         3:THE NEW INDIA ASSURANCE CO. LTD.

         NAGAON BRANCH
         NAGAON ASSAM
         J.M. ROAD
         NAGAON
                                                                                   Page No.# 2/3

             ASSAM.
             4:SMT. BALWINDER KOUR

             W/O LATE UJAGAR SINGH
             R/O THANGAL BAZAR IMPHAL
             P.S. THANGAL
             DIST. IMPAHL MANIPUR
             ------------
             Advocate for : MR. R K BHATRA
             Advocate for : appearing for MD. ELAS UDDIN and 3 ORS




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

26.08.2021

The court proceedings have been conducted through online court proceeding services.

Heard Mr. R.K. Bhatra, learned counsel for the applicant/appellant. Also heard Mr. K.K. Bhatta, learned counsel who has entered appearance on behalf of the opposite party no. 3.

The interlocutory application has been preferred by the applicant/appellant seeking stay/suspension of the operation of that part of the common judgment and award dated 15.11.2014 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon ("the Tribunal" for short), whereby, the Tribunal had allowed the claim application in MAC Case No. 374/2007. In MAC Case No. 374/2007, the learned Tribunal had awarded an amount of Rs. 49,234/- with further direction to the applicant/appellant to pay the same.

Issue Notice returnable in 4 (four) weeks.

As Mr. Bhatta has appeared and accepted notice on behalf of opposite party no. 3, no formal notice needs to be issued to opposite party no. 3.

The applicant/appellant shall take steps for service of notice on the opposite party nos. 1, 2 and 4 by usual process as well as by registered post with AD within 5 (five) days.

The prayer for stay/suspension of the impugned judgment and award will be considered Page No.# 3/3

on the returnable date.

JUDGE

Comparing Assistant