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Gauhati High Court
The Oriental Insurance Co. Ltd vs Mazeda Khatun And 7 Ors on 8 December, 2025
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GAHC010146412018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./747/2018
THE ORIENTAL INSURANCE CO. LTD
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956.
REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI 07
VERSUS
MAZEDA KHATUN AND 7 ORS
D/O LATE DHAZIR UDDIN AHMED
RESIDENT OF VILLAGE JALIKURA
PO BAHALPUR, PS CHAPAR
DIST DHUBRI, 783371, ASSAM
2:SAZEDA KHATUN
D/O LATE DHAZIR UDDIN AHMED
RESIDENT OF VILLAGE JALIKURA
PO BAHALPUR
PS CHAPAR
DIST DHUBRI
783371
ASSAM
3:FATEMA BEWA
D/O LATE DHAZIR UDDIN AHMED
RESIDENT OF VILLAGE JALIKURA
PO BAHALPUR
PS CHAPAR
DIST DHUBRI
783371
ASSAM
4:ZAKIR HUSSAIN
S/O AMAR ALI
R/O VILLAGE UTTAR MARA GANDHADHAR
PO AGOMONI DIST DHUBRI 783335
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ASSAM
5:SANOWAR SHEIKH
S/O LATE FAZIRUDDIN SHEIKH
R/O VILLLAGE KAIMARI
PO SIDALSATI
PS ABHAYAPURI
DIST BONGAIGAON
783384
ASSAM
6:MD. NUR MOHAMMAD MANDAL
S/O M U MANDAL
R/O VILL CHECHAPANI
PO MAGURMARI
PS KOKRAJHAR
ASSAM
7:MD. NAJMUL ALI MANDAL
S/O MD. NUR MAHAMMAD MANDAL
R/O VILLAGE CHECHAPANI
PO MAGURMARI
PS KOKRAJHAR
DIST KOKRAJHAR
783370
ASSAM
8:THE REGIONAL MANAGER
NATIONAL INSURANCE CO. LTD.
R.O GS ROAD BHANGAGARH
GUWAHATI 78100
Advocate for the Petitioner : MR. S K GOSWAMI, MR. R KATHKATIA,MR. A KALITA,MR. R
SHARMA
Advocate for the Respondent : MD. A H LASKAR (R6, R7), MRS. D DAS BARMAN (R8),MS. P
CHUTIA (R8),MR. A DUTTA (r-8),MR. B HUSSAIN (R1,R2,R3),MR. S ALIM (R1,R2,R3),MR. S K
SARMA (R6, R7),MD. S ALOM (R4),MR. M S ALAM (R4)
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BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 08.12.2025
1. Heard Mr. R. Sarma, learned counsel for the appellant. Also heard Mr.
S. Alim, learned counsel for the respondent Nos. 1, 2 and 3 and Ms. D. D.
Barman, learned counsel for the respondent No. 8.
2. The learned counsel for the appellant has submitted that in pursuant
to the directions of this Court, the appellant has taken steps for paper
publication of the notice to the respondent No. 5 through paper publication and
has submitted an affidavit in compliance to that effect.
3. On perusal of the said affidavit, it appears that the notices are
published in the vernacular newspaper, namely, "Niyomiya Barta" on 23.11.2025
showing the date of appearance as 8 th of December, 2025 i.e., today. Hence,
the notice issued to the respondent No. 5 through substituted mode is held to
be duly served.
4. The records of concerned MAC Case have already been received from
the concerned Motor Accident Claims Tribunal, hence, this case is ready for
hearing.
5. List this matter for hearing after four weeks on a date to be fixed by
the Registry.
6. The learned counsel for the respondent Nos. 1, 2 and 3 has submitted
that there is an appeal i.e., MAC Appeal No. 86/2019 which arose from the same
judgment and award is pending before this Court, same may be tagged along
with this case.
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7. The prayer is allowed.
8. The Registry to place the records of MAC Appeal No. 86/2019 along
with this case.
9. List accordingly.
JUDGE
Comparing Assistant
