National Insurance Co Ltd vs Md Elas Uddin And 3 Ors
2021 Latest Caselaw 1990 Gua

                                                                     Page No.# 1/3

GAHC010002062015




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

                          Case No. : MACApp./151/2021

         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
          ASSAM.

         4:SMT. BALWINDER KOUR

          W/O LATE UJAGAR SINGH
          R/O THANGAL BAZAR IMPHAL
                                                                                Page No.# 2/3

             P.S. THANGAL
             DIST. IMPAHL MANIPU

Advocate for the Petitioner   : MR. R K BHATRA

Advocate for the Respondent :




                                    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 appellant. Also heard Mr. K.K. Bhatta, learned counsel for the respondent no. 3.

The appeal has been preferred under Section 173, Motor Vehicles Act, 1988 against 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 learned 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 a further direction to the appellant to pay the same. Aggrieved thereby, the present appeal has been preferred.

Mr. Bhatra has submitted that two vehicles - one bus bearing registration no. AS-02/B- 3576 and one truck bearing registration no. MN-04/A-0174 - were involved in the accident and the claimant was a passenger in the bus. It is submitted by him that the appellant has been saddled with the responsibility to pay the compensation on the ground that it was the insurer of the truck. It is also submitted by him that no insurance coverage was extended by the appellant in respect of the said truck. As such, the appellant ought not to have been saddled with the liability to pay the compensation.

Appeal is admitted for Hearing.

Let the LCR be called for.

Page No.# 3/3

Issue Notice returnable in 4 (four) weeks.

As Mr. Bhatta has appeared and accepted notice on behalf of respondent no. 3, no formal notice needs to be issued to respondent no. 3. Mr. Bhatra shall furnish copies of memo of appeal to Mr. Bhatta within 5 (five) days.

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

List the case after four weeks.

JUDGE

Comparing Assistant