National Insurance Co Ltd vs Md Jamal Uddin And Ors
2021 Latest Caselaw 1987 Gua

                                                            Page No.# 1/3

GAHC010002062015




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

                        Case No. : I.A.(Civil)/1195/2021



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


          VERSUS

         MD JAMAL UDDIN AND ORS
         S/O LATE ABDUL RASID
         R/O VILL. NIZ DHING
         BALIGAON
         P.O. DHING
         P.S. DHING
         DIST. NAGAON
         ASSAM.

         2:MD. NAZRUL ISLAM

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

         NAGAON BRANCH
         NAGAON ASSAM
                                                                                 Page No.# 2/3

             J.M. ROAD
             NAGAON.
             4:BALWINDAR KOUR

             W/O LATE UJAGAR SINGH
             R/O THANGAL BAZAR IMPHAL
             P.O. IMPHAL
             MANIPUR
             P.S. THANGAL
             DIST. IMPHAL MANIPUR
             ------------
             Advocate for : MR. R K BHATRA
             Advocate for : MR. M H RAJBARBHUIYAN appearing for MD JAMAL UDDIN
             AND 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. M.H. Rajbarbhuiyan, learned counsel for the opposite party no.1 and Mr. K.K. Bhatta, learned counsel for 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. 195/2007. In MAC Case No. 195/2007, the learned Tribunal had awarded an amount of Rs. 3,23,056/- with further direction to the applicant/appellant to pay the same.

Issue Notice returnable in 4 (four) weeks.

As Mr. Rajbarbhuiyan has appeared and accepted notice on behalf of opposite party no. 1 and Mr. Bhattacharjee has appeared and accepted notice on behalf of opposite party no. 3, no formal notices need to be issued to the said opposite parties.

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The applicant/appellant shall take steps for service of notice on the opposite party nos. 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 on the returnable date.

JUDGE

Comparing Assistant