Page No.# 1/4 vs Azad Uddin And Anr
2022 Latest Caselaw 4392 Gua

                                                               Page No.# 1/4

GAHC010198052022




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

                          Case No. : MACApp./779/2022

         RESHMA BEGUM @ RESHAMA BEGUM AND 3 ORS.
         W/O LATE MOSTUFA AHMED @ MOSTAFA AHMED,
         PRESENTLY RESIDENTS OF VILLAGE AND PO BASHBARI, PS ALGAPUR,
         DIST HAILAKANDI, ASSAM,
         PERMANENT ADDRESS VILLAGE UTTAR KANDIGRAM, PO MALUA, PS
         BADARPUR, DIST KARIMGANJ, ASSAM

         2: JAMIL AHMED

          S/O LATE MOSTUFA AHMED @ MOSTAFA AHMED

         PRESENTLY RESIDENTS OF VILLAGE AND PO BASHBARI
         PS ALGAPUR
         DIST HAILAKANDI
         ASSAM

         PERMANENT ADDRESS VILLAGE UTTAR KANDIGRAM
         PO MALUA
         PS BADARPUR
         DIST KARIMGANJ
         ASSAM
         TO BE REP. BY PET. NO. 1

         3: KAMIL AHMED
          S/O LATE MOSTUFA AHMED @ MOSTAFA AHMED

         PRESENTLY RESIDENTS OF VILLAGE AND PO BASHBARI
         PS ALGAPUR
         DIST HAILAKANDI
         ASSAM

         PERMANENT ADDRESS VILLAGE UTTAR KANDIGRAM
         PO MALUA
         PS BADARPUR
                                                                    Page No.# 2/4

            DIST KARIMGANJ
            ASSAM
            TO BE REP. BY PET. NO. 1

            4: NABIL HUSSAIN
             S/O LATE MOSTUFA AHMED @ MOSTAFA AHMED

            PRESENTLY RESIDENTS OF VILLAGE AND PO BASHBARI
            PS ALGAPUR
            DIST HAILAKANDI
            ASSAM

            PERMANENT ADDRESS VILLAGE UTTAR KANDIGRAM
            PO MALUA
            PS BADARPUR
            DIST KARIMGANJ
            ASSAM
            TO BE REP. BY PET. NO.

            VERSUS

            AZAD UDDIN AND ANR.
            S/O TORIJ ALI,
            RESIDENT OF VILLAGE PIRERCHAK, PO LATU, PS AND DIST KARIMGANJ,
            ASSAM 788701

            2:GIAS UDDIN LASKAR

            S/O MASUK AHMED LASKAR
            PERMANENT ADDRESS VILLAGE UTTAR KANDIGRAM
            PO MALUA
            PS BADARPUR
            DIST KARIMGANJ
            ASSAM

            3:THE ORIENTAL INSURANCE COMPANY LTD.
            TO BE REPRESENTED BY THE DIVISIONAL MANAGER
            THE ORIENTAL INSURANCE COMPANY LIMITED
             SILCHAR DIVISION
             PWD ROAD
             SILCHAR
             PO SILCHAR
             DIST CACHAR
            ASSA

Advocate for the Petitioner   : MR. S ROY

Advocate for the Respondent :
                                                                      Page No.# 3/4




                                 BEFORE
                 HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                     ORDER

Date : 11.11.2022

Heard Mr. S. Roy, learned counsel for the appellants.

The learned counsel for the appellants has submitted that there is an error in mentioning the MAC Case number in the cause title, which should be MAC Case No. 156/2019 instead of MAC Case No. 13/2018. The said correction shall be done in the presence of the learned Registrar (Judicial).

This appeal under section 173 of the Motor Vehicles Act is for enhancement of award against the judgment and award dated 28.05.2019, passed by the learned Member, MACT, Hailakandi in MAC Case No.156/2019.

The appeal is admitted for hearing.

Call for the records.

Issue notice returnable on 07.12.2022.

After correction of cause title, the appellants shall take steps within 2 (two) days for service of notice on the respondents by registered post with A/D.

In addition, the appellants are permitted to serve notice on respondent no.3 through dasti by routing the process through the Registry of the Court and Page No.# 4/4

upon service, an affidavit of service shall be filed prior to the next date of listing.

List on 07.12.2022, awaiting receipt of LCR.

JUDGE

Comparing Assistant