The United India Insurance ... vs Sarwar Khan @ Abdul Sarwar Khan And ...
2021 Latest Caselaw 512 Gua

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GAHC010124662020




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

                          Case No. : MACApp./233/2020

         THE UNITED INDIA INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI- 600014
         AND REGIONAL OFFICE AT CHIBBER HOUSE, G.S. ROAD, GUWAHATI-5,
         REP. BY ITS REGIONAL MANAGER, REGIONAL OFFICE, GUWAHATI.
         (INSURER OF THE VEHICLE NO. AS-01-BF-5374 (MOTOR CYCLE).



         VERSUS

         SARWAR KHAN @ ABDUL SARWAR KHAN AND 3 ORS
         S/O- JALIL KHAN, R/O- VILL.- BATORHAT, P.S. PALASHBARI, DIST.-
         KAMRUP, ASSAM.

         2:NAZMA BEGUM
         W/O- SARWAR KHAN @ ABDUL SARWAR KHAN
          R/O- VILL.- BATORHAT
          P.S. PALASHBARI
          DIST.- KAMRUP
         ASSAM.

         3:MD. JAKIR HUSSAIN
          S/O- MD. MAHIM ALI
         VILL.- BIBEKANANDA SARMA
          LACHIT NAGAR
          P.S. BHANGAGARH
          GUWAHATI
          DIST.- KAMRUP(M)
         ASSAM. (OWNER OF VEHICLE NO. AS-01-BF-5374 (MOTOR CYCLE).

         4:MD. ISLAM ALI
          S/O- LATE HAFIJ ALI
         VILL.- DEHAR KALA KUCHI
          P.S. MUKALMUA
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             DIST.- NALBARI
             ASSAM
             PIN- 781335. (DRIVER OF VEHICLE NO. AS-01-BF-5374 (MOTOR CYCLE)

Advocate for the Petitioner   : MR. A DUTTA

Advocate for the Respondent : MR. K K DUTTA




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                             ORDER

12.02.2021 Heard Mr. A. Dutta, learned counsel for the appellant. This appeal is under section 173 of the Motor Vehicles Act is directed against the judgment and order dated 18.06.2020 passed by the learned Member, MACT No.3, Kamrup (M), Guwahati in MAC Case No.939/2018.

Appeal is admitted for hearing.

Call for the records.

Issue usual notice on the respondents returnable in 6(six) weeks.

The appellant shall take steps for service of notice upon the respondents by registered post with A/D as well as by usual process within a period of 3(three) days.

List the matter after 6(six) weeks.

JUDGE

Comparing Assistant