National Insurance Co. Ltd vs Md. Elas Uddin And 3 Ors
2021 Latest Caselaw 1999 Gua

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GAHC010002062015




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

                           Case No. : MC/1320/2015



         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
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             ASSAM.
             4:SMT. BALWINDER KOUR

             W/O LATE UJAGAR SINGH
             R/O THANGAL BAZAR IMPHAL
             P.S. THANGAL
             DIST. IMPAHL MANIPUR
             ------------
             Advocate for : MS.A BORA
             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.

This interlocutory application has been filed with a prayer to dispense with the filing of a certified copy of the common judgment and award dated 15.11.2014 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon ("the Tribunal" for short) in MAC Case No. 195/2007 and MAC Case No. 374/2007. The applicant as appellant has preferred 2 (two) appeals against the said common judgment and award dated 15.11.2014 and the appeals have been registered as MAC App. 148/20121 and MAC App. 151/2021.

The prayer for dispensing with the filing of certified copy of the impugned judgment and award dated 15.11.2014 has been made on the ground that a certified copy of the impugned judgment and award has been annexed with the MAC App. 148/2021. Since both the appeals have arisen out of the said common judgment and award dated 15.11.2014 and the issues raised are inter-related, the applicant/appellant may be dispensed with the filing of the certified copy of the impugned judgment and award dated 15.11.2014.

Considering the reasons cited, the prayer is allowed.

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The application stands disposed of accordingly.

JUDGE

Comparing Assistant