Md. Bajaruddin Ahmed vs Md. Saddam Hussain And 2 Ors
2021 Latest Caselaw 2059 Gua

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GAHC010085682021




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

                          Case No. : MACApp./171/2021

         MD. BAJARUDDIN AHMED
         S/O- LATE ABDUL HAI, R/O- VILL.- RANGAPARA NO. 1, P.O. RANGAPARA
         NO. 2, P.S. DHEKIAJULI, DIST.- SONITPUR, ASSAM, PIN- 784149.



         VERSUS

         MD. SADDAM HUSSAIN AND 2 ORS.
         S/O- SH. KHALILUR RAHMAN, R/O- VILL.- RANGAPARA NO. 1, P.O.
         RANGAPARA NO. 2, P.S. DHEKIAJULI, DIST.- SONITPUR, ASSAM, PIN-
         784149. (OWNER OF VEHICLE NO. AS-12-AC-8737, BOLERO PICKUP VAN).

         2:SH. GOLUM MUSTAFA
          S/O- AMULUDDIN SHEIKH
          R/O- VILL.- MAILA ALI
          P.O. SIRAJULI
          P.S. DHEKIAJULI
          DIST.- SONITPUR
         ASSAM
          PIN- 784117. (DRIVER OF VEHICLE NO. AS-12-AC-8737
          BOLERO PICKUP VAN).

         3:ORIENTAL INSURANCE CO. LTD.

         TEZPUR BRANCH
          HIMAT SINGKA BUILDING
          N.T. ROAD
         TEZPUR
          DIST.- SONITPUR
         ASSAM
          PIN- 784001
         TO BE REP. BY ITS BRANCH MANAGER. (INSURER OF VEHICLE NO. AS-
         12-AC-8737
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             BOLERO PICKUP VAN)

Advocate for the Petitioner   : MR D K KALITA

Advocate for the Respondent :




                                       BEFORE
                      HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

03.09.2021

The court proceedings have been conducted through online court proceeding services.

Heard Mr. D.K. Kalita, learned counsel for the appellant.

The appeal has been preferred under Section 173, Motor Vehicles Act, 1988 against the judgment and order dated 18.02.2021 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur at Tezpur ("the Tribunal" for short) in MAC Case No. 126/2019 (I). By the said judgment and order dated 18.02.2021, the learned Tribunal has dismissed the claim petition preferred by the appellant for the injuries, claimed to be sustained by him in a motor vehicular accident.

Appeal is admitted for Hearing.

Let the LCR be called for.

Issue Notice returnable in 6 (six) weeks.

The appellant shall take steps for service of notice on the respondents by usual process as well as by registered post with AD within 5 (five) days.

List the case after six weeks.

JUDGE

Comparing Assistant