United India Insurance Company ... vs Mustt Sahida Begum And 3 Ors
2023 Latest Caselaw 2151 Gua

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GAHC010152402018




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

                          Case No. : MACApp./769/2018

         UNITED INDIA INSURANCE COMPANY LTD
         HAVING ITS REGD OFFICE AND HEAD OFFICE AT 24 WHITES ROAD,
         CHENNAI AND ITS REGIONAL OFFICE AT G S ROAD, DISPUR, GUWAHATI



         VERSUS

         MUSTT SAHIDA BEGUM AND 3 ORS
         W/O- LATE SAHID AHMED, R/O- VILL- MAHAKAL , P.O- KAHAKAL, P.S-
         BADARPUR, DIST- KARIMGANJ, ASSAM, PIN- 788806

         2:JAYTUN BIBI

          W/O- LATE AKADDAS ALI
          R/O- VILL- MAHAKAL
          P.O- KAHAKAL
          P.S- BADARPUR
          DIST- KARIMGANJ
          ASSAM
          PIN- 788806

         3:SULTANA BEGUM
         W/O- MD. HILAL UDDIN
          R/O- VILL- HAJIPUR
          P.S- BADARPUR
          DIST- KARIMGNJ
         ASSAM
          PIN- 788806

         4:JOYNUL HAQUE BORBHUIYA
          S/O- MD. LUKUR UDDIN BORBHUIYA
          R/O- VILL- DEORAIL
          P.S- BADARPUR
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             DIST- KARIMGANJ
             ASSAM
             PIN- 78880

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                        ORDER

24.05.2023

Heard Mr. R. Goswami, learned counsel for the appellant.

This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Award dated 28.03.2018 passed by the learned MACT, Cachar, in MAC Case No. 1008/2012.

Appeal is admitted.

Call for the records.

Mr. M. Talukdar, learned counsel submits that though he is authorized to appear on behalf of the respondent Nos. 1 and 2, the respondent No. 2, i.e. mother of the deceased has in the meantime expired. No substitution is required as the respondent No. 1 is duly been represented by him.

Ms. A. Lala, learned counsel appears on behalf of the respondent No. 3.

Accordingly, no formal notice need be issued against the respondent Nos. 1, 2 and 3. However, extra copies of appeal memo be served to the learned counsel for the respondent Nos. 1, 2 and 3.

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The appellant to take steps for issuance of notice upon the respondent No. 4 by way of registered post with A/D as well as by usual process within a period of 10 (ten) days from today.

Notice is made returnable after six weeks.

JUDGE

Comparing Assistant