The New India Assurance Company Limited vs Md Abdul Jalil And 2 Ors
2025 Latest Caselaw 4629 Gua

Gauhati High Court

The New India Assurance Company Limited vs Md Abdul Jalil And 2 Ors on 18 August, 2025

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GAHC010038572017




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

                                Case No. : MACApp./444/2017

            THE NEW INDIA ASSURANCE COMPANY LIMITED
            SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA,
            REGISTERED HEAD OFFICE AT 87, MAHATMA GANDHI ROAD, FORT
            MUMBAI, REPRESENTED BY THE DEPUTY MANAGER, NORTH EASTERN
            REGIONAL OFFICE, G.S. ROAD, GUWAHATI 781005



            VERSUS

            MD ABDUL JALIL and 2 ORS
            S/O LATE BOTU MIA, VILL. KANKALASH, P.S. BADARPUR, DIST.
            KARIMGANJ, ASSAM, PIN 788701

            2:WADUT AHMED

             S/O TOFOZZUL ALI
             VILL. SRIGOURI
             P.S. BADARPUR
             DIST. KARIMGANJ
             ASSAM
             PIN 788806 DRIVER

            3:SUKHLAL CHAKRABORTY

             S/O LATE KISHORI CHAKRABORTY
             VILL. MARJATKANDI
             P.S. BADARPUR
             DIST. KARIMGANJ
             ASSAM
             PIN 78870

Advocate for the Petitioner   : MS. C MOZUMDAR, MR. S P SHARMA,MS. R D MOZUMDAR
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Advocate for the Respondent : MR. M TALUKDAR, MR. A SHAKIL




                                  BEFORE
                      HONOURABLE MR. JUSTICE BUDI HABUNG

                                     ORDER

18.08.2025

This matter is listed for referral to the Special Mediation Drive-Mediation 'For the Nation'.

Heard Ms. R. D. Mazumdar, learned counsel for the appellant. Also heard Mr. B. Sarma, learned counsel for the respondent No.1.

By filing this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant has challenged the Judgment and Award dated 17.05.2017, passed by the learned Member, Motor Accident Claims Tribunal, Cachar in MAC Case No. 875/2007.

Ms. Mazumdar, learned counsel for the appellant, submits that notice upon respondent Nos. 2 and 3 has already been served by way of dasti service. However, she has not yet filed an affidavit to that effect and, therefore, prays for an adjournment of the matter, submitting that it is not a fit case to be referred to the Mediation Centre. Learned counsel for respondent No. 1 has not raised any objection to the said prayer.

Accordingly, the prayer is allowed

List the matter after 2(two) weeks.

JUDGE

Comparing Assistant