Page No.# 1/2 vs Akbar Ali And 2 Ors
2025 Latest Caselaw 8418 Gua

Gauhati High Court

Page No.# 1/2 vs Akbar Ali And 2 Ors on 10 November, 2025

                                                                        Page No.# 1/2

GAHC010224202025




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

                                  Case No. : MACApp./509/2025

            ORIENTAL INSURANCE COMPANY LTD.
            A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
            GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI - 781 007 REPRESENTED BY
            THE MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI -
            781007.

            VERSUS

            AKBAR ALI AND 2 ORS.
            S/O SUKUR ALI, R/O. - VILLAGE - KHARUAPARA, P.O. - RADHAKUCHI, P.S.-
            BARPETA, DISTRICT - BARPETA, ASSAM. PIN -781309

            2:ABDUS SALAM
             S/O MD. IMAN ALI
             R/O. - VILLAGE - SIKATARI TARAKANDI
             P.O. - TARAKANDI
             DISTRICT - BARPETA
            ASSAM. PIN 781321

            3:AZIZUL HAQUE
             S/O SOMEZ UDDIN
             R/O. - VILLAGE - BORPALLY
             P.O. - BARPALLI
             P.S. - BARPETA
             DISTRICT - BARPETA
            ASSAM. PIN -78131

Advocate for the Petitioner   : MR. S P SHARMA, MS. C MOZUMDAR,MS. R D MOZUMDAR

Advocate for the Respondent : ,

                                      BEFORE
                       HON'BLE MRS. JUSTICE MITALI THAKURIA
                                                                     Page No.# 2/2


                                        ORDER

Date : 10.11.2025.

Heard Ms. R.D. Mozumdar, learned counsel for the appellant Insurance Company.

This is an appeal under Section 173 of the M.V. Act, 1988, against the judgment and award dated 22.07.2025, passed by the learned Member, MACT No.1, Kamrup (M) at Guwahati in MAC Case No.40/2015, filed under Section 166 of the M.V. Act, 1988.

It is submitted by Ms. Mozumdar, learned counsel for the appellant that as per the judgment and award, the order of pay and recovery was passed by the learned Member, MACT No.1, Kamrup (M) at Guwahati, which cannot be passed by the Tribunal and accordingly, that has been put to challenge in the present appeal.

Appeal is admitted.

Issue notice to the respondents through usual process.

Steps within seven (7) days.

Also call for the TCR.

List the matter after four (4) weeks.

JUDGE

Comparing Assistant