Sadnur Ali vs Regional Manager United India ...
2022 Latest Caselaw 4579 Gua

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GAHC010296512019




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

                                Case No. : MACApp./795/2022

            SADNUR ALI
            BROTHER OF RAHUL AMIN, (INJURED), S/O LATE FARID ALI, R/O
            VILLAGE BARIJAINI, P.S. HAJO, DIST. KAMRUP, ASSAM



            VERSUS

            REGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD. AND 2 ORS
            G.S. ROAD, CHRISTIANBASTI, GUWAHATI-781005, DIST. KAMRUP(METRO),
            ASSAM.

            2:MD. GAHAR ALI
             S/O FAJIR ALI
             R/O VILLAGE AGYATHURY
             P.S. HAJO
             DIST. KAMRUP
            ASSAM
             PIN 781104.

            3:SRI BUDHAN DAS
             S/O K.H.DAS
             R/O HAJO
             P.O. AND P.S. HAJO
             DISTRICT NAGAON (ASSAM)

Advocate for the Petitioner   : MS. MEGHALI BORA

Advocate for the Respondent :
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                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                        ORDER

Date : 18.11.2022

Heard Ms. M Bora, learned counsel for appellant and Mr. AN Das, learned counsel for respondent No.1/Insurance Company.

By this appeal under Section 173 of the MV Act, the appellant has challenged the legality and correctness of the Judgment and Award dated 11.04.2019 passed by learned Member, MACT No.2, Kamrup in MAC Case No. 749/2014 .

The learned counsel for the respondent submits that the respondent Nos. 2 and 3 namely, Gahar Ali and Budhan Das are not necessary parties and as such, their names may be struck off from the Cause Title.

It may be mentioned herein that the delay in filing the appeal has been condoned vide order dated 04.11.2022 in the connected I.A. (Civil) No. 934/2020

The appeal is admitted.

Call for records.

It is submitted that the awarded amount has already been paid by the respondent No.1.

List after 4(four) weeks.

JUDGE

Comparing Assistant