Sarwar Khan @ Abdul Sarwar Khan vs M/S United India Insurance Co. ...
2021 Latest Caselaw 802 Gua

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GAHC010027772021




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

                                Case No. : MACApp./45/2021

            SARWAR KHAN @ ABDUL SARWAR KHAN
            S/O- JALIL KHAN, INJURED PERSON, NAZMA BEGUM, AGED ABOUT 62
            YEARS, W/O- SARWAR KHAN @ ABDUL SARWAR KHAN, R/O- VILL.-
            BATORHAT, P.S. POLASHBARI, DIST.- KAMRUP, ASSAM, INJURED PERSON
            IS BEING REP. BY HIS WIFE.



            VERSUS

            M/S UNITED INDIA INSURANCE CO. LTD. AND 2 ORS.
            HAVING ITS REGIONAL OFFICE AT CHRISTIAN BASTI, G.S. ROAD,
            GUWAHATI, ASSAM, PIN- 781032. (INSURER OF VEHICLE NO. AS-01/BF-
            5374).

            2:MD. JAKIR HUSSAIN
             S/O- MD. MAHIM ALI
             R/O- C/O- BIBEKANANDA SARMA
             LACHIT NAGAR
             P.S. BHANGAGARH
             GUWAHATI
             DIST.- KAMRUP(M)
            ASSAM
             PIN- 781007. (OWNER OF VEHICLE NO. AS-01/BF-5374).

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

Advocate for the Petitioner   : MR. K K DUTTA
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Advocate for the Respondent :




                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                            ORDER

03.03.2021 Heard Mr. K.K. 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. This appeal is for enhancement of the award.

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 2(two) days.

List the matter after 6(six) weeks.

JUDGE

Comparing Assistant