Gauhati High Court
The Oriental Insurance Co. Ltd vs Beauty Begum And 4 Ors . A on 14 August, 2024
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GAHC010208322022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./165/2024
THE ORIENTAL INSURANCE CO. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956.
REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI GUWAHATI 7
VERSUS
BEAUTY BEGUM AND 4 ORS . A
W/O LATE GAFFARUL HUSSAIN, RESIDENT OF HOUSE NO. 1, HATIGAON,
NOTBAMA,L PS HATIGAON, DIST KAMRUP M ASSAM
2:MD. IFTAKUL HUSSAIN SAIKIA
S/O LATE GAFFARUL HUSSAIN
RESIDENT OF HOUSE NO. 1
HATIGAON
NOTBAMA
L PS HATIGAON
DIST KAMRUP M ASSAM
3:MINUWARA BEGUM
MOTHER IN LAW OF LATE GAFFARUL HUSSAIN
RESIDENT OF HOUSE NO. 1
HATIGAON
NOTBAMA
L PS HATIGAON
DIST KAMRUP M ASSAM
4:MD. TAPAJUL HAQUE
S/O TAIJUDDIN AHMED
RESIDENT OF C/O MUNIN CH. DAS
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HOUSE NO. 4
PUB BANKONWAR
KHARGHULI
PS LATASIL
GUWAHATI
DIST KAMRUP M ASSAM
5:MD. ASRAFUL HAQUE
S/O FAJNUL HAQUE
RESIDENT OF VILLAGE MADHAPUR
PO MOROWA
PS AND DIST NALBARI
ASSA
Advocate for the Petitioner : MR. R SHARMA, MR. R SHARMA
Advocate for the Respondent : MR. N. DEBNATH (R-1),
Linked Case : I.A.(Civil)/1159/2024
THE ORIENTAL INSURANCE CO. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956. REPRESENTED BY ITS REGIONAL MANAGER
ULUBARI GUWAHATI 7
VERSUS
BEAUTY BEGUM AND 4 ORS . A
W/O LATE GAFFARUL HUSSAIN
RESIDENT OF HOUSE NO. 1
HATIGAON
NOTBAMA
L PS HATIGAON
DIST KAMRUP M ASSAM
2:MD. IFTAKUL HUSSAIN SAIKIA
S/O LATE GAFFARUL HUSSAIN
RESIDENT OF HOUSE NO. 1
HATIGAON
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NOTBAMA
L PS HATIGAON
DIST KAMRUP M ASSAM
3:MINUWARA BEGUM
MOTHER IN LAW OF LATE GAFFARUL HUSSAIN
RESIDENT OF HOUSE NO. 1
HATIGAON
NOTBAMA
L PS HATIGAON
DIST KAMRUP M ASSAM
4:MD. TAPAJUL HAQUE
S/O TAIJUDDIN AHMED
RESIDENT OF C/O MUNIN CH. DAS
HOUSE NO. 4
PUB BANKONWAR
KHARGHULI
PS LATASIL
GUWAHATI
DIST KAMRUP M ASSAM
5:MD. ASRAFUL HAQUE
S/O FAJNUL HAQUE
RESIDENT OF VILLAGE MADHAPUR
PO MOROWA
PS AND DIST NALBARI
ASSAM
------------
Advocate for : MR. R SHARMA
Advocate for : appearing for BEAUTY BEGUM AND 4 ORS . A
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 14.08.2024
Heard Mr. S. K. Goswami, learned counsel for the appellant.
This appeal under Section 173 of the Motor Vehicles Act, 1988 has been
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filed by the Appellant Insurance Company impugning the judgment and award
dated 23.06.2022 passed by the Motor Accidents Claim Tribunal No. 2, Kamrup
(M), Guwahati in MAC Case No. 2976/2015, whereby the appellant was directed
to pay a compensation amounting to Rs. 14,95,508/- to the claimants/
respondents.
This appeal is admitted.
Issue notice to the respondents.
The appellant shall take steps for issuance of notice to the respondents by
registered post with A/D as well as by usual mode within three days from the
date of this order, returnable after four weeks.
Learned counsel for the appellant submits that the counsel for respondent Nos.
1, 2 and 3 have already received notice from the counsel for the appellant and
name of Mr. N. Debnath has been shown as engaged counsel for respondent
No.1 in the Vakalatnama.
However, the counsel for the appellant undertakes to inform the counsel
for respondent Nos. 1, 2 and 3.
The said prayer is allowed.
Issue fresh notice to respondent Nos. 4 and 5 by registered post with A/D
as well as by usual mode within three days from the date of this order,
returnable after four weeks.
Let the case record of MAC Case No. 2976/2015 be called for from the
concerned Tribunal.
List the matter after four weeks.
JUDGE
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Comparing Assistant
