Musstt Rahima Begum vs Musstt Ajufa Begum Laskar And 7 Ors
2024 Latest Caselaw 2897 Gua

Gauhati High Court

Musstt Rahima Begum vs Musstt Ajufa Begum Laskar And 7 Ors on 1 May, 2024

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GAHC010231572018




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

                        Case No. : MACApp./842/2022

         MUSSTT RAHIMA BEGUM
         D/O ENAMUL HAQUE LASKAR, R,O VILLAGE NIZRUPAIBALI
         HAZARIGRAM, PO AND PS SONAI, DIST CACHAR, ASSAM,


         VERSUS

         MUSSTT AJUFA BEGUM LASKAR AND 7 ORS
         W/O ABDUL SATTAR LASKAR, R/O VILLAGE AND PO RONGPUR PART I , PS
         SILCHAR, DIST CACHAR, ASSAM,

         2:MISS AJIMA BEGUM LASKAR
          D/O ABDUL SATTAR LASKAR

         R/O VILLAGE AND PO RONGPUR PART I
         PS SILCHAR
         DIST CACHAR
         ASSAM


         3:MISS NAZIMA BEGUM LASKAR
          D/O ABDUL SATTAR LASKAR

         R/O VILLAGE AND PO RONGPUR PART I
         PS SILCHAR
         DIST CACHAR
         ASSAM


         4:MISS SAJINA BEGUM LASKAR
          D/O ABDUL SATTAR LASKAR

         R/O VILLAGE AND PO RONGPUR PART I
         PS SILCHAR
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             DIST CACHAR
             ASSAM


            5:MD. AKBAR HUSSAIN LASKAR
             S/O ABDUL SATTAR LASKAR

            R/O VILLAGE AND PO RONGPUR PART I
            PS SILCHAR
            DIST CACHAR
            ASSAM


            6:MD. AKTAR HUSSAIN LASKAR
             S/O ABDUL SATTAR LASKAR

            R/O VILLAGE AND PO RONGPUR PART I
            PS SILCHAR
            DIST CACHAR
            ASSAM

            MINOR
            TO BE REPRESENTED BY RESPONDENT NO. 1

            7:MD. AOR HUSSAIN LASKAR
             S/O ABDUL SATTAR LASKAR

            R/O VILLAGE AND PO RONGPUR PART I
            PS SILCHAR
            DIST CACHAR
            ASSAM

            MINOR
            TO BE REPRESENTED BY RESPONDENT NO. 1

            8:NATIONAL INSURANCE COMPANY LTD.
             REPRESENTED BY THE DIVISIONAL MANAGER
            THE NATIONAL INSURANCE CO. LTD. CAPITAL TRAVEL BUILDING
             CLUB ROAD
             SILCHAR
             CACHAR
            ASSAM

            INSURER OF THE TRUCK NO AS 11 B 873

Advocate for the Petitioner   : MR. M B U AHMED

Advocate for the Respondent : MR G S BORO
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                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                           ORDER

Date : 01.05.2024

Heard Mr. A. K. Azad, learned counsel for the appellant. Also heard Mr. M. Talukdar, learned counsel for the respondent Nos. 1 to 7.

It is submitted by Mr. Azad, learned counsel for the appellant, that the respondent No. 8 has also earlier appeared in the condonation petition. He further submitted that this is an appeal against the judgment and award dated 30.05.2017, passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar in MAC Case No. 522/2009, whereby the claim has been treated as application under Section 167 of M.V. Act and the present appellant was directed to pay the compensation to the claimants under the Employees Compensation Act.

Considering the submission made by the learned counsel for the appellant, the appeal is admitted for hearing.

Since Mr. M. Talukdar, learned counsel, has entered appearance on behalf of respondent Nos. 1 to 7, the appellant side is hereby directed to furnish a copy of the memo of appeal to him during the course of the day.

Call for the LCR.

Let the matter be listed immediately after receipt of the LCR.

JUDGE Page No.# 4/4

Comparing Assistant