Sri Buddeshwar Borah @ Lulu Borah vs Sri Hasmat Ali And 2 Ors
2022 Latest Caselaw 3641 Gua

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GAHC010002092016




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

                                Case No. : MACApp./354/2022

            SRI BUDDESHWAR BORAH @ LULU BORAH
            S/O LT. TARUN BORAH, R/O VILL. SINGA CHUBURI BIHAGURI, P.S.
            BALIPUKHURI TINIALI, TEZPUR, DIST. SONITPUR, ASSAM.



            VERSUS

            SRI HASMAT ALI and 2 ORS
            S/O MD. ABDUL MAZID, C/O SRI KUSHEWAR KALITA, HOSPITAL COLONY,
            VILL. BISWANATH CHARIALI, DIST. SONITPUR, ASSAM, PIN 784176

            2:KUSHWAR KALITA

             S/O LT. KHAGEN KALITA
             R/O HOSPITAL COLONY
             VILL. BISWANATH CHARIALI
             DIST. SONITPUR
             ASSAM
             PIN 784176

            3:CHOLAMANDALAM M/S GENERAL INSURANCE CO. LTD.

             AZANTA PLAZA
             7TH FLOOR
             OPP S.B. DEORAH COLLEGE
             BORA SERVICE
             ULUBARI
             GUWAHATI 78100

Advocate for the Petitioner   : MR.A SAHAD

Advocate for the Respondent : MS. L SARMA
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                            BEFORE
               HONOURABLE MRS. JUSTICE MALASRI NANDI

                               ORDER

Date : 19.09.2022 Heard Mr. J.B. Saikia, learned counsel for the appellant and Ms. L. Sarma, learned counsel for the respondent No. 3/ Insurance Company.

This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 27.07.2016, passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur in MAC Case No. 15/2014 (I).

The appeal is admitted.

Call for the LCR.

Issue notice to the respondent Nos. 1 and 2.

As Ms. L. Sarma, learned counsel has entered appearance and accepted notice on behalf of the respondent No. 3, no formal notice is required to be served to the said respondent.

However, extra copy of the memo of appeal and its annexures appended thereto be furnished to the learned counsel for the respondent No. 3, during the course of the day.

The appellant shall take steps for service of notice upon the respondent Nos. 1 and 2 in both ways by registered post with A/D as Page No.# 3/3

well as by usual process, returnable within 4 weeks.

Steps be taken within three days from today.

List the matter after four weeks.

JUDGE

Comparing Assistant