National Insurance Company Ltd vs Nurjahan Bibi @ Begum
2024 Latest Caselaw 5900 Gua

Gauhati High Court

National Insurance Company Ltd vs Nurjahan Bibi @ Begum on 14 August, 2024

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GAHC010072402018




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

                        Case No. : MACApp./494/2018

         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON
         STREET, KOLKATA AND REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH,
         GUWAHATI

         VERSUS

         NURJAHAN BIBI @ BEGUM
         W/O LATE AMIR HUSSAIN

         2:AMIRAN BIBI
         W/O MD SAMSUL HAQUE

         3:MD SAMSUL HAQUE
          S/O LATE HABI ULLAH

         4:ARINA BEGUM
          D/O LATE AMIR HUSSAIN

         R/O VILL NO 2 BARUAH PATHER
         PS BOKO PO BARUA PATHAR
         PIN 781136
         DIST KAMRUP ASSAM

         5:SRI OM PRAKASH SHARMA
          S/O BRIJ MOHAN SHARMA
         R/O C/O JHELUM PAUL
         KC ROAD CHATRIBARI (NEAR LP SCHOOL) WARD NO 28 H/NO 42 DIST
         KAMRUP M ASSAM 781001
         (OWNER OF VEHICLE NO AS 01 EC 1831 (TRUCK))

         6:SRI SWAPAN CHAKRABORTY
          S/O LATE OPAL CHAKRABORTY
         R/O VILLAGE LACHARI KULAL
                                                                          Page No.# 2/3

             DALALAI AMBASSA
            PO DHALAI
            DIST TRIPURA PIN 799204
            (DRIVER OF VEHICLE NO AS 01 EC 1831 (TRUCK))

            7:SRI PROFULLA NATH
             SO LATE BHAKAT CH NATH
            R/O VILL BAKAITARI
            PO BAKAITARI
            PS MATAI
            DIST GOALPARA ASSAM
            (OWNER OF VEHICLE NO AS 16 C 2290(WINGER))

            8:SRI SARSENG K SANGMA
             SO LATE HELBINSON G MOMIN
            RO VILL KOLMESALGRE
            PIN 794111
            DIST EAST GARO HILLS (MEGHALAYA)
            (DRIVER OF VEHICLE NO AS 16 C 2290)(WINGER

Advocate for the Petitioner   : MR. R GOSWAMI, MR. R GOSWAMI,MS. M SAIKIA,MS. P
BARTHAKUR

Advocate for the Respondent : MR. A R AGARWALA (R1-R3), MR ADITYA AGARWALA (R1-
R3),MS. R LAILA (R1-R3),MD. K ALI (R1-R3)




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

Date : 14.08.2024

Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. A. R. Agarwala, learned counsel for the respondent Nos. 1 to 4.

This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant/Insurance Company impugning the judgment and award dated 17.11.2017 passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup(M) in MAC Case No. 1654/2015 whereby the appellant was directed to pay the compensation amount of Rs.8,60,000/- along with 6% Page No.# 3/3

interest per annum till realization.

The appeal is admitted.

Issue notice to the respondents.

Since, Mr. Agarwala, learned counsel has appeared for the respondent Nos. 1 to 4, no formal notice need to be issued to the said respondents.

However, the appellant shall provided the requisite numbers of copies of memo of appeal along with annexures to the learned counsel for the respondent Nos. 1 to 4 during the course of the day.

As regards the respondent Nos. 5, 6, 7 and 8 are concerned, the appellant shall take steps for issuance of notice to the said respondents by registered post with A/D as well as usual mode within seven days from the date of this order, returnable after four weeks.

JUDGE

Comparing Assistant