Gauhati High Court

Ankur Kanti Sarkar vs Ilyach Ali @ Ilias Ali And Anr on 4 June, 2025

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GAHC010139492024




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

                                 Case No. : MACApp./182/2025

            ANKUR KANTI SARKAR
            S/O AMIYA KANTI SARKAR @ AMIO KANTI SARKAR, RESIDENT OF WARD
            NO. 7, DURGAPUR, PO BILASHIPARA, DIST DHUBRI, ASSAM



            VERSUS

            ILYACH ALI @ ILIAS ALI AND ANR
            S/O MONOWAR HUSSAIN RESIDENT OF VILLAGE WARD NO. 9,
            BANIAPARA, BAMUNPARA, PO BILASIPARA, DIST DHUBRI, ASSAM

            2:UNITED INDIA INSURANCE COMPANY LTD.
             REGIONAL OFFICE
             GUWAHATI GS ROAD
             CHRISTIAN BASTI
             GUWAHATI KAMRUPM ASSA

Advocate for the Petitioner   : MR. A R AGARWALA, MD. K ALI,MR ADITYA AGARWALA

Advocate for the Respondent : , MS. M SAIKIA (R2),MS. P BORTHAKUR (R2)




             Linked Case : I.A.(Civil)/2691/2024

            ANKUR KANTI SARKAR
            S/O AMIYA KANTI SARKAR @ AMIO KANTI SARKAR

            RESIDENT OF WARD NO. 7
            DURGAPUR
            PO BILASHIPARA
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          DIST DHUBRI
          ASSAM


          VERSUS

         ILYACH ALI @ ILIAS ALI AND ANR
         S/O MONOWAR HUSSAIN
         RESIDENT OF VILLAGE WARD NO. 9
          BANIAPARA
          BAMUNPARA
          PO BILASIPARA
          DIST DHUBRI
          ASSAM

         2:UNITED INDIA INSURANCE COMPANY LTD.
         REGIONAL OFFICE
          GUWAHATI GS ROAD
          CHRISTIAN BASTI
          GUWAHATI KAMRUPM ASSAM
          ------------
         Advocate for : MR. A R AGARWALA
         Advocate for : MR. R GOSWAMI (R2) appearing for ILYACH ALI @ ILIAS ALI
         AND ANR



                                BEFORE
                    HONOURABLE MR. JUSTICE BUDI HABUNG

                                     ORDER

Date : 04.06.2025

Heard Mr. A.R. Agarwala, learned counsel for the appellant.

This is an appeal filed under section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 01.02.2024 passed by the learned Member, Motor Accident Claims Tribunal Dhubri in MAC Case No.150/2021.

The appeal is admitted.

Call for the record.

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Issue notice.

Since Ms. P. Borthakur, learned counsel appears and accepts notice on behalf of the respondent No2, no formal notice need be issued to the said respondent. However, the appellant shall take steps for service of notice upon the respondent No. 1 by registered post with A/D as well as by usual process within one week from today.

List the matter after 5(five) weeks.

JUDGE

Comparing Assistant