United India Insurance Company ... vs Mafijul Islam And Ors
2022 Latest Caselaw 5143 Gua

                                                                Page No.# 1/3

GAHC010245872022




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

                        Case No. : MACApp./870/2022

         UNITED INDIA INSURANCE COMPANY LTD.
         A PUBLIC SECTOR UNDERTAKING COMPANY, REGISTERED AND
         INCORPORATED UNDER THE COMPANIES ACT. 1956, HAVING ITS
         REGISTERED OFFICE AT 24 WHITES ROAD, CHANNAI 600014 AND ONE OF
         ITS REGIONAL OFFICE AT CHIBBER HOUSE, 2ND FLOOR, GS ROAD,
         GUWAHATI , 5 REPRESENTED BY REGIONAL MANAGER, GUWAHATI ,
         ASSAM



         VERSUS

         MAFIJUL ISLAM AND ORS.
         S/O LATE HATEM ALI,
         RESIDENT OF VILLAGE BORGULU,NO. 3. PO AND PS ULUANI, DIST
         NAGAON, ASSAM 782460

         2:MRS. MAFIDA BEGUM
         W/O MAFIJUL ISLAM
         RESIDENT OF VILLAGE BORGULU
         NO. 3. PO AND PS ULUANI
          DIST NAGAON
         ASSAM 782460

         3:RABIYA KHATUN
         W/O LATE MAJAHARUL ISLAM
         RESIDENT OF VILLAGE BORGULU
         NO. 3. PO AND PS ULUANI
          DIST NAGAON
         ASSAM 782460

         4:RAHAN TASRIF
          MINOR TO BE REP. BY HIS MOTHER RABIYA KHATUN
         RESIDENT OF VILLAGE BORGULU
                                                                             Page No.# 2/3

            NO. 3. PO AND PS ULUANI
            DIST NAGAON
            ASSAM 782460

            5:SRI DIPAK BARUAH
             S/O LATE MINA RAM BARUAH

            RESIDENT OF BAGHAR CHUBURI
            PO AND PS TEZPUR
            DIST SONITPUR
            ASSAM 784001

            6:SRI NAYAN JYOTI BORA
             S/O RATUL CH. BORA

            RESIDENT OF VILLAGE AUNIATI
            PO RURANIGUDAM
            PS NAGAON SADAR
            DIST NAGAON
            ASSAM
            78214

Advocate for the Petitioner   : MR. R C PAUL

Advocate for the Respondent : K U AHMED




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

Date : 22.12.2022

Heard Mr. RC Paul, learned counsel for the appellant.

By this appeal under Section 173 of the MV Act, the appellant has prayed for setting aside and quashing of the Judgment and Award, dated 31.08.2022 passed by the learned Member, MACT, Nagaon in MAC Case No. 64/2019.

The appeal is admitted subject to deposit of 50% of the awarded amount of Rs. 16,22,000/- before the Registry of this Court to the claimaint No.1 (b) namely, Mafida Begum on executing bond and on proper identification.

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Call for the LCR.

Issue notice to the respondents.

The appellant/applicant shall take steps for service of notice upon the respondents by registered post with A/D post.

List the matter on receipt of the LCR.

JUDGE

Comparing Assistant