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2018 Supreme(Gau) 837

A.K.GOSWAMI
Dipak Das – Appellant
Versus
Abdul Mannan (Md. ) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A. Dasgupta
For the Respondents: S. Dutta, A.M. Barbhuiya

JUDGMENT :

Arup Kumar Goswami, J.

1. Heard Mr. A. Dasgupta, learned Senior counsel appearing for the petitioner. Also heard Mr. S. Dutta, learned Senior counsel, appearing for respondent No. 2 as well as Mr. A.M. Barbhuiya and Ms. F. Begum, learned counsel for respondent No. 1. This application under Article 227 of the Constitution of India is filed calling into question the order dated 16.07.2016, passed by the learned Member, Motor Accident Claims Tribunal, Silchar, in MAC Case No. 1169/2015, returning the claim application to the claimant/petitioner.

2. The petitioner filed the claim case before the Motor Accident Claims Tribunal, Silchar, in respect of the injuries sustained by him in a vehicular accident on 30.06.2014, which was registered as MAC Case No. 1169/2015. The accident took place in the district of Hailakandi and the owner of the vehicle and the claimant are also from the district of Hailakandi.

3. The owner of the vehicle filed written statement.

4. The learned Claims Tribunal opined that if the Claims Tribunal entertains the claim petition on the ground that the Divisional Office of the insurance company, which had issued the insurance policy, is situated within the jur














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