Shajahan Ali vs The New India Assurance Co. Ltd. ...
2022 Latest Caselaw 3209 Gua

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GAHC010041542020




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

                                Case No. : MACApp./529/2022

            SHAJAHAN ALI
            S/O- LATE HASMAT ALI @ ASAMAT ALI, R/O- VILL.- GOROIMARI, P.S.
            LAHARIGHAT, DIST.- MORIGAON, ASSAM.



            VERSUS

            THE NEW INDIA ASSURANCE CO. LTD. AND 2 ORS
            G.S. ROAD, ULUBARI, GUWAHATI- 781007.



Advocate for the Petitioner   : MR. A RAHMAN

Advocate for the Respondent : MR. B K JAIN




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                         ORDER

Date : 24.08.2022 Heard Mr. A. Rahman, learned counsel for the appellant and Mr. S. Dutta, learned counsel for the respondent No. 1.

This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 17.07.2019, passed by the learned Member, Motor Accident Claims Tribunal Morigaon in MAC Case No. 43/2017.

Ms. R.D. Mazumdar, learned counsel submits that her name alongwith her junior Page No.# 2/2

namely, Ms. C. Mazumdar have been wrongly reflected in the cause list as counsels for the appellant, the same needs to be struck off from the cause list.

The Registry shall do the needful.

The appeal is admitted.

Call for the LCR.

Issue notice to the respondent Nos. 2 and 3.

The appellant shall take steps for service of notice upon the respondent Nos. 2 and 3 by registered post with A/D as well as by usual process, returnable by four weeks.

Steps be taken within three days.

No formal notice need be issued upon the respondent No. 1 as Mr. S. Dutta, learned counsel has entered appearance and accepted notice on behalf of the respondent No. 1.

However, extra copy of the memo of appeal and its annexures appended thereto be furnished to the learned counsel for the respondent No. 1 within three days from today.

List the matter after four weeks.

JUDGE

Comparing Assistant