National Insurance Company ... vs Mst Tohiron Bibi And 6 Ors
2021 Latest Caselaw 226 Gua

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GAHC010080202018




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

                         Case No. : MACApp./311/2018


         NATIONAL INSURANCE COMPANY LIMITED
         (SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA )
         REGISTERED HEAD OFFICE AT 3
         MIDDLETON STREET
          CALCUTTA -700071 REPRESENTED BY THE ASSISTANT MANAGER
          GAUHATI REGIONAL OFFICE
          BHANGAGARH
          GUWAHATI -781005.


          VERSUS

         MST TOHIRON BIBI AND 6 ORS
         W/O SAMSUL HOQUE

         2:MD SAMSUL HOQUE
         BOTH ARE RESIDENT OF
         VILLAGE GOKULPUR (NAKKATI)
         P.O. PIAZBARI
          P.S. SUKCHAR

         DIST. DHUBRI
         ASSAM
         PIN 783128
          3:SRI GOPAL SAHA
         S/O SRI DAM SAHA
          R/O VILLAGE BISHNUNAGAR
         2 NO COLONY P.O.P.S. AND DIST. GOALPARA
         ASSAM PIN 783101 (OWNER)
          4:MD NURUL ALI
         S/O NUR ALI R/O VILLAGE BAGHMARA
         P.O. KUCHNIMARA P.S. MANKACHAR
         DIST. DHUBRI
         ASSAM PIN 783131 (DRIVER)
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               5:THE REGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD
              GAUHARI REGIONAL OFFICE G.S. ROAD
              CHRISTIANBASTI
               GUWAHATI
               KAMRUP(M)
              ASSAM PIN -781005
               6:NISHER AHMED
              S/O ROFIQUE
              VILLAGE BILOSPUR.
               MOHOJJOLA NAGAR KAMMRE
              P.O. AND P.S. KAMRE

              UTTAR PRADESH
              INDIA PIN 244921
               7:ABDUL RASHID
              S/O ABDUL WAHID

              VILLAGE- DARJEECHOWK
              P.O.AND P.S. SISGAR
              DIST. BORELI
              UTTER PRADESH
              INDIA PIN -243003
              ------------
              Advocate for : MS. R D MOZUMDAR
              Advocate for : MR. R ALI appearing for MST TOHIRON BIBI AND 6 ORS



                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                          ORDER

Date : 25-01-2021

Heard Ms. C. Mazumdar, learned counsel for the appellant. None appears for the respondent nos. 1 & 2, though, the name of Mr. R. Ali, learned counsel and his associate advocates has been shown in the cause list. This is an application under section 5 of the Limitation Act read with under Section

173(1) proviso of Motor Vehicle Act 1988 which is directed against the judgment and award

dated 01.03.2017 passed by the learned Member Motor Accident Claims Tribunal No. 1

Kamrup, Guwahati in MAC Case No. 192/2012.

Admit.

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Call for the relevant records.

On the prayer of Ms. C. Mazumdar, learned counsel for the appellant, let this matter be

listed before the next Lok Adalat as the connected MAC Appeal being MAC Appeal No.

288/2018, MAC Appeal No. 307/2018 and MAC Appeal No. 371/2018 have already been

directed to be listed before the next Lok Adalat by an order of this Court dated

20.01.2021, passed in the above appeal.

JUDGE

Comparing Assistant