Diganta Kr Pathak vs Md Taher Ali And 2 Ors
2021 Latest Caselaw 118 Gua

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GAHC010175162017




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

                                Case No. : MACApp./47/2020

            DIGANTA KR PATHAK
            S/O LATE ASHWINI KUMAR PATHAK, R/O LAKHIMI NAGAR, NAMGHAR
            PATH, HOUSE NO. 77, P.S. HATIGAON, DIST. KAMRUP M, ASSAM.



            VERSUS

            MD TAHER ALI and 2 ORS
            S/O MD. ABUL HUSSAIN, SOUTH SARANAI, WARD NO. 36, ULUBARI,
            GUWAHATI-7 OWNER OF THE VEHICLE NO. AS-25/B-2571, PIN 781007

            2:MD. FAIZUR RAHMAN
             S/O MD. BANIS ALI
            VILL. JAMBARI
             P.O. BOKO
             DIST KAMRUP ASSAM D/L NO. AS-01199400746554 VALID UPTO 28.11.2013
             PIN 781135

            3:THE SENIOR DIVISIONAL MANAGER

            M/S UNITED INDIA INSURANCE CO. LTD.
            DIVISIONAL OFFICER
            GUWAHATI-7
            GARCHUK BRANCH
            POLICY NO. 130183/31/10/02/00005147 VALID UPTO 09.03.2012 INSURER OF
            VEHICLE NO. AS-25/B-257

Advocate for the Petitioner   : MR.S RAHMAN

Advocate for the Respondent :
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                                  BEFORE
                  HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                            ORDER

Date : 12.01.2021

Heard Mr. Sk. Muktar, learned for the appellant. By this appeal under section 173 of the Motor Vehicles Act, the petitioner has challenged the judgment and order dated 30.07.2016 passed by the learned Member, MACT No.2, Kamrup (M), Guwahati in MAC Case No.1037/2012.

The appellant is aggrieved by deduction of 50% of the award on account of contributory negligence on part of the deceased.

The appeal is admitted for hearing.

Call for the records.

Issue notice returnable on 17.02.2021. The appellant shall take steps for service of notice on the respondents by usual process as well as by registered post with A/D within a week from today.

List on 17.02.2021.

JUDGE

Comparing Assistant