National Insurance Co Ltd vs Md Jamal Uddin And 3 Ors
2021 Latest Caselaw 1991 Gua

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GAHC010002062015




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

                         Case No. : MACApp./148/2021



         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 3 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
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             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
             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 appellant. Also heard Mr. M.H. Rajbarbhuiyan, learned counsel for the respondent no.1 and 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, MAC Case No.195/2007.

In MAC Case No. 195/2007, the learned Tribunal had awarded an amount of Rs. 3,23,056/- as compensation 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 Page No.# 3/3

been saddled with the responsibility to pay the compensation on the ground that it was the insurer of the truck. It is further 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.

Issue Notice returnable in 4 (four) weeks.

As Mr. Rajbarbhuiyan, has appeared and accepted notice on behalf of respondent no.1 and Mr. Bhattacharjee has appeared and accepted notice on behalf of respondent no. 3, no formal notice needs to be issued to the said respondents . Mr. Bhatra shall furnish copies of the memo of appeal to Mr. Rajbarbhuiyan and Mr. Bhattacharjee within 5 (five) days.

The appellant shall take steps for service of notice on the respondent nos. 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