Jubaronjan Phukan @ Jubaran ... vs Pahari Baruah And 2 Ors. F
2023 Latest Caselaw 3695 Gua

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GAHC010000142023




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

                                Case No. : MACApp./254/2023

            JUBARONJAN PHUKAN @ JUBARAN PHUKAN
            S/O BUBUL PHUKAN, RESIDENT OF VILLAGE LISKON BAHUPATHAR, PO
            BHOLAGURI, PS DERGAON, DIST GOLAGHAT, ASSAM



            VERSUS

            PAHARI BARUAH AND 2 ORS. F
            W/O PARMANANDA DAS, VILLAGE AND PS RAJABARI, PS BOKAKHAT,
            DIST GOLAGHAT, ASSAM, 785612

            2:PARMANANDA DAS

             S/O KONPAI DAS

            VILLAGE AND PS RAJABARI
            PS BOKAKHAT
            DIST GOLAGHAT
            ASSAM
            785612

            3:NATIONAL INSURANC CO. LTD.
             REPRESENTED BY ITS REGIONAL MANAGER
             GS ROAD
             BHANGAGARH
             PO GUWAHATI
             781005
             DIST KAMRUP M ASSA

Advocate for the Petitioner   : MR. A R AGARWALA

Advocate for the Respondent : MR. A J SAIKIA
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                                    BEFORE

              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                    ORDER

13.09.2023

Heard Mr. A.R. Agarwala, learned counsel for the appellant. Also heard Mr. S. Pegu, learned counsel for the respondent No. 3.

This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 impugning the Judgment and Award dated 06.08.2022, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M) in MAC Case No. 1963/2016 praying for enhancement of the awarded compensation.

The appeal is admitted.

Issue notice to the respondents.

As Mr. S. Pegu, has appeared on behalf of the respondent No. 3, no separate notices need to be issued to the respondent No. 3. However, learned counsel for the appellant shall furnish extra requisite numbers of copies of the memo. of appeal to the respondent No. 3, as regards the respondent Nos. 1 and 2, the appellant shall take steps for issuance of notice upon the respondents by registered post with A/D as well as through usual mode within 1(one) week from the date of this order, returnable returnable after 4(four) weeks.

The case records of MAC Case No. 1963/2016 be called for from the Motor Accident Claims Tribunal No. 3, Kamrup (M), Guwahati.

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List accordingly.

JUDGE

Comparing Assistant