Md. Abbash Ali vs The National Insurance Company ...
2021 Latest Caselaw 9 Gua

                                                                          Page No.# 1/2

GAHC010185632020




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

                                Case No. : MACApp./297/2020

            MD. ABBASH ALI
            S/O MATIAR RAHMAN, R/O VILL. BARSUHA, P.S. BARPETA, P.O.
            BHUGERPAR, DIST. BARPETA, ASSAM, PIN 781302



            VERSUS

            THE NATIONAL INSURANCE COMPANY LTD. AND 2 ORS.
            REPRESENTED BY REGIONAL MANAGER, REGIONAL OFFICE
            BHANGAGARH, GUWAHATI 5, (INSURER OF THE SAID VEHICLE) P/NO
            200501/31/12/6300007441 VALID UP TO 10-03-2014

            2:MR. AMIYA DEY
             S/O LATE AMRESH DEY
             KALAPAHAR
             NEAR SAW MILL
             GUWAHATI
             DIST. KAMRUP (ASSAM) (THE OWNER OF THE OFFENDING VEHICLE NO.
            AS-01-DC-6739)
             PIN 781032

            3:CHANDI BORO
             S/O DOSHO BORO
             R/O RUPNAGAR
             GANESH MANDIR PATH
            W. NO. 23
             PALTAN BAZAR
             P.S. BHANGAGARH
             DIST. KAMRUP (ASSAM)
             PIN 781123 (DRIVER OF THE ABOVE SAID VEHICLE ) D/L NO. AS-
            0119950054244 VALID TO 13/9/201

Advocate for the Petitioner   : MR J MOLLAH
                                                                                  Page No.# 2/2


Advocate for the Respondent :




                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                              ORDER

04.01.2021 Heard Ms. S. P. Das, learned counsel for the appellant. This appeal is under section 173 of the Motor Vehicles Act is directed against the judgment and order dated 23.12.2019 passed by the learned Member, MACT, Kamrup (M), Guwahati cum Additional District Judge (FTC) No.3, Kamrup (M), Guwahati in MAC Case No.1934/2013. This appeal is for enhancement of the award.

Appeal is admitted for hearing.

Call for the records.

Issue usual notice on the respondent returnable on 08.02.2021.

The appellant shall take steps upon the respondents by registered post with A/D within a period of 4(four) days.

Let the judgment and award impugned in this appeal be brought to the notice of the learned Registrar (Judicial) so as to examine whether the learned Tribunal had erred in passing the award as the Court of Additional District Judge (FTC) No.3, Kamrup (M), Guwahati because as per the section 165 of the Motor Vehicles Act, the MACT claimant are required to be adjudicated by a MACT. Upon examination he shall put up a note.

List the matter on 08.02.2021.

JUDGE

Comparing Assistant