National Insurance Co. Ltd vs Mustt Aziran Nessa
2023 Latest Caselaw 1324 Gua

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GAHC010018242018




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

                           Case No. : MACApp./243/2018

         NATIONAL INSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA AND
         ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL
         OFFICE AT G.S.ROAD, BHANGAGARH, GUWAHATI-5, ASSAM.



         VERSUS

         MUSTT AZIRAN NESSA
         W/O LATE MANGAL ALI DEWAN, RESIDING AT C/O NURUDDIN DEWAN,
         LAKTOKIA, GUWAHATI 781001, PERMANENT ADDRESS, VILL. JANPAR,
         P.O. BANGALDHARA, P.S. DHARAMTUL, DIST. MARIGAON, ASSAM.

         2:MISS SAMIRAN NESSA
          D/O LATE MANGAL ALI DEWAN
          RESIDING AT C/O NURUDDIN DEWAN
          LAKTOKIA
          GUWAHATI 781001
          PERMANENT ADDRESS
         VILL. JANPAR
          P.O. BANGALDHARA
          P.S. DHARAMTUL
          DIST. MARIGAON
         ASSAM.

         3:SRI MANORANJAN DEY
          S/O LATE A. DEY
         VILL. HENGRABARI
          P.S. DISPUR
          GUWAHATI 781036
          DIST. KAMRUP (ASSAM) (OWNER OF VEHICLE NO. AS-01/3346 (407 TYPE)

         4:MD. KUTUB ALI
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            S/O LATE ASHIM ALI
            VILL. BIRUBARI (ULUBARI)
            P.S. PALTANBAZAR
            GUWAHATI 781008 (DRIVER OF VEHICLE NO. AS-01/3346 407 TYPE
            VEHICLE

Advocate for the Petitioner   : MR. K K BHATRA

Advocate for the Respondent :




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

Date : 29.3.2023

Heard Mr. R.K. Bhatra, learned counsel for the applicant .

This is an appeal under Section 173 of the Motor Vehicle Act, 1988 against the judgment and order dated 6.9.2017 passed by the learned Member, MACT No.1 in MAC Case No. 1451 / 2001.

Appeal is admitted for hearing.

Call for the LCR.

Issue notice returnable after six weeks

The appellant shall take steps on the respondents by way of registered post with A/D as well as by usual process within a period of five days from today.

JUDGE

Comparing Assistant