J.N. Sarma and K.C. Mahanta, for Petitioner in C.R. 351 of 1970 and for Appellant in M.A. (F) 13 of 1970; S.N. Bhuyan and D.P. Chaliha, for Opposite Parties in C.R. 351 of 1970.

Judgement

PATHAK, J.:- The petitioners brother Abdul Mannan died of motor accident on 2nd January, 1966 on the South Trunk Road in front of the Arts building of the Gauhati University, Jalukbari. The deceased was a Post graduate student of the Gauhati University. The petitioner along with pro forma opposite parties Nos. 4 to 12 filed a claim petition under Section 110-A of the Motor Vehicles Act, 1939 before the Motor Accidents Claims Tribunal, Assam. On 24th April, 1967 the claimant filed written up processes for service of summonses on the witnesses. The claimant also, prayed that 3 of the witnesses, namely, the Vice Chancellor, the Registrar and a Professor of the Gauhati University might be examined on commission. The Claims Tribunal did not pass any order on that petition, but observed that the prayer might be considered later. Later on, the case was transferred to the file of District Judge, L.A.D. Gauhati, who was appointed the Claims Tribunal and it was renumbered as MAC 29 of 1968. The case was fixed

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