Page No.# 1/3 vs Nilu Sharma
2025 Latest Caselaw 2658 Gua

Gauhati High Court

Page No.# 1/3 vs Nilu Sharma on 11 August, 2025

                                                                    Page No.# 1/3

GAHC010103532025




                                                           undefined

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

                          Case No. : MACApp./334/2025

         MOMINA KHATUN
         WIFE OF LATE JOSHMAT ALI

         2: MOMIN ALI
          SON OF LATE JOSHMAT ALI

         3: AMIRAN NESSA
         W/O. LT. ABED ALI

         THE APPELLANTS/ CLAIMANTS NOS. 1 AND 2 ARE THE WIFE AND SON OF
         THE DECEASED NAMELY LATE JOSMAT ALI AND WHEREAS THE
         APPELLANT/CLAIMANT NO. 3 NAMELY AMIRAN NESSA IS THE MOTHER
         OF THE DECEASED AND ALL ARE PERMANENTLY RESIDING AT R/O.
         VILL.- BHOKORADIA
         P/O. TUPAMARI
         P/S. NAGABERA
         DIST. KAMRUP (R)
         ASSAM
         PIN-781127

         VERSUS

         NILU SHARMA
         SON OF LATE JASKARAM SHARMA, R/O. PANJABARI, OPPOSITE
         NABOJYOTI NAGAR, GUWAHATI, P/O. AND P/S. SATHGAON, DIST.
         KAMRUP, ASSAM-781037.

         2:HEMANTA SARMA
          SON OF SRI RAMSHARUP SARMA
          RESIDENT OF VILLAGE BORPOTHAR
          NEAR KALI MANDIR

         P/O.. BELTOLA
                                                                      Page No.# 2/3

            P/S. BASISTHA
            GUWAHATI.
            DIST. KAMRUP
            ASSAM-781029

            3:THE NATIONAL INSURANCE COMPANY LTD
             REPRESENTED BY ITS REGIONAL MANAGER REGIONAL OFFICE
             BHANGAGARH
             GS ROAD
             GUWAHATI
             KAMRUP METRO
            ASSAM-78100

Advocate for the Petitioner   : MR. R C PAUL,

Advocate for the Respondent : ,




                                  BEFORE
              HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

                                          ORDER

11/08/2025

Heard learned counsel for the appellant, Mr. R.C Paul.

This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the impugned Judgment and Order dated 25.02.2025 passed by the L'd Member Motor Accidents Claims Tribunal No. 3, Kamrup, Guwahati in MAC Case No. 1592/2017 whereby an award of Rs. 14,902,472/- along with interest @ 9% per annum in favour of the appellant/ claimant to be paid by the respondent No. 3.

Issue notice, to the respondent No. 3 returnable within 4(four) weeks.

The learned counsel for the appellant shall take steps for service of notice by Registered Post with AD as well as usual process within 3(three) working days from today.

Page No.# 3/3

It is also stated that the respondent No. 3 has also filed an appeal against the impugned Judgment and order which is assailed here in this appeal. Accordingly, list the MAC Appeal 153/2025 together along with this petition. The Trial Court records may be called for and list after 4(four) weeks.

The learned counsel for the appellant also prays for striking off the respondent Nos. 1 and 2 from the cause title, as they are not necessary party. Accordingly, delete the names of respondent Nos. 1 and 2 from the array of respondent in the cause title.

List the matter after 4(four) weeks, along with MAC Appeal 153/2025.

JUDGE

Comparing Assistant