New India Assurance Company Ltd vs Azizur Rahman Barbhuiya @ Azizur ...
2022 Latest Caselaw 4354 Gua

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GAHC010041382021




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

                         Case No. : MACApp./70/2021

         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
         BUILDING, 87, MAHATMA GANDHI ROAD, FORT, MUMBAI- 400001 AND
         REGIONAL OFFICE AT G.S. ROAD, GUWAHATI-5, REP. BY THE CHIEF
         REGIONAL MANAGER.



         VERSUS

         AZIZUR RAHMAN BARBHUIYA @ AZIZUR RAHMAN AND 3 ORS.
         S/O- LATE MACHADDAR ALI BARBHIYA, R/O- VILL.- HAWAITHANG, P.O.
         LAILAPUR, P.S. DHOLAI, DIST.- CACHAR, ASSAM.

         2:RINA BEGUM @ RINA BEGUM BARBHUIYA
         W/O- AZIZUR RAHMAN @ AZIZUR RAHMAN BARBHUIYA
          R/O- VILL.- HAWAITHANG
          P.O. LAILAPUR
          P.S. DHOLAI
          DIST.- CACHAR
         ASSAM.

         3:MEHBUBA BEGUM BARBHUIYA
          D/O- AZIZUR RAHMAN @ AZIZUR RAHMAN BARBHUIYA
          R/O- VILL.- HAWAITHANG
          P.O. LAILAPUR
          P.S. DHOLAI
          DIST.- CACHAR
         ASSAM.

         4:ALTAF UDDIN AHMED
          S/O- ALIM UDDIN AHMED
          OF CENTRAL ROAD
          P.O. SILCHAR-1
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             P.S. SILCHAR
             DIST.- CACHAR
             ASSAM AND TEMPORARY ADDRESS- BELTOLA TINIALI
             TAYAB ALI PATH
             H/NO. 5
             WARD NO. 58
             P.S. BASISTHA
             GUWAHATI-29
             DIST.- KAMRUP(M)
             ASSAM

Advocate for the Petitioner   : MR SISHIR DUTTA

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

09.11.2022

Shri S. Dutta, learned Senior Counsel for the appellant, who by means of this appeal has put to challenge the Judgment and Award dated 30.01.2020, passed by the learned Member, MACT, Cachar, Silchar in MAC Case No. 1397/2016.

By the impugned Judgment and Award, an amount of Rs. 22,98,000/- (Rupees twenty two lakhs ninety eight thousand) has been granted to the claimant and directing the present appellant, who is the opposite party No. 2 to deposit the same within a specified period.

Admit.

Call for the records.

Steps for service of notice upon the respondents be taken by registered post with A/D.

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The learned Senior Counsel for the appellant submits that the name of the respondent No. 4 may be struck off as he is not an affected party. Respondent No. 4 is accordingly struck off.

Registry to do the needful.

The learned Senior Counsel further submits that the issue involved has already been decided by this Court only by interfering with one ground of challenge mainly ground of interest on the future prospect.

While on the otherhand, the other reason ground of challenge namely violation of the policy condition has been rejected primarily on the ground that the law in question is a beneficial piece of legislation. This aspect of the matter would be considered after appearance of the opposite party.

List after 4(four) weeks.

JUDGE

Comparing Assistant