Page No.# 1/3 vs Gafur Ali And 2 Ors
2024 Latest Caselaw 4783 Gua

Gauhati High Court

Page No.# 1/3 vs Gafur Ali And 2 Ors on 28 June, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                 Page No.# 1/3

GAHC010084432019




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



                               MACApp./271/2019


         ANANDA KSHATRIYA AND ANR
         S/O- LATE SURENDRA MOHAN KSHATRIYA
         R/O- VILL.- SATHBHONITUP
         P.O. SIMLAGURI
         P.S. BARPETA ROAD
         DIST.- BARPETA
         ASSAM
         PIN- 781315.

         2: CHAMPA BALA DEVI
         W/O- ANANDA KSHATRIYA
          R/O- VILL.- SATHBHONITUP
          P.O. SIMLAGURI
          P.S. BARPETA ROAD
          DIST.- BARPETA
         ASSAM
          PIN- 781315.
         VERSUS

         GAFUR ALI AND 2 ORS.
         S/O- LATE MD. ALAUDDIN
         R/O- VILL.- DEURIKUCHI
         P.O. RADHAKUCHI
         P.S. AND DIST.- BARPETA
         ASSAM
         PIN- 781309. (DRIVER OF THE OFFENDING VEHICLE BEARING
         REGISTRATION NO. NL-01G-2547 (TRUCK).

         2:MANGAT SINGH GABA
         S/O- LATE T.R. GABA
          R/O- CHANDMARI
                                                                             Page No.# 2/3

              NAGALAND
              KOHIMA- 797001. (OWNER OF THE OFFENDING VEHICLE BEARING
              REGISTRATION NO. NL-01G-2547 (TRUCK).
              3:THE NEW INDIA ASSURANCE COMPANY LTD.

              REP. BY THE DIVISIONAL MANAGER
               DIVISIONAL OFFICE
               BONGAIGAON
               P.O.
               P.S. AND DIST.- BONGAIGAON
              ASSAM- 783380. (INSURER OF THE OFFENDING VEHICLE BEARING
              REGISTRATION NO. NL-01G-2547 (TRUCK) VIDE POLICY NO. 53030611701-
              000001025 VALID UPTO 15/12/2018).
               ------------
              Advocate for : MR. A HUSSAIN
              Advocate for : MRS. B ACHARYA (R3) appearing for GAFUR ALI AND 2 ORS.



                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

28.06.2024.

Heard Shri MS Alom, learned counsel appearing on instructions of Shri A Mobaraque, learned counsel for the appellants.

The present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment dated 27.02.2019 passed by the learned Member, Motor Accident Claims Tribunal, Bajali, Pathsala in MAC Case No. 35/2018.

By the aforesaid impugned judgment dated 27.02.2019, the claim has been rejected.

Admit.

It appears that in terms of an earlier order of this Court, the LCR has already been received.

Shri A Acharya, learned counsel appears and accepts notice on behalf of the respondent no. 3.

Page No.# 3/3

Extra copy of memo of appeal along with its annexures be served upon Shri Acharya, learned counsel.

The respondent no. 1 has also been served pursuant to an earlier order.

Let fresh steps for service of notice upon the respondent no. 2 be taken by usual process.

Steps within 2 days.

List this case after 6 weeks along with report on service upon the respondent no.

2.

JUDGE

Comparing Assistant