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GAHC010240242017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp. 428/2017
1:SRI SAPAN MANDAL S/O LT. SAKHIL MANDAL, PERMANENT R/O VILL. SALKUMAR, P.S.
ALIPURUAR, DIST. ZALPAIGURI, WEST BENGAL, PRESENT ADDRESS RKMINIGAON, GUWAHATI-22, P.S. DISPUR, KAMRUP M, ASSAM.
VERSUS
1:SRI PRAFULLA BHARALI and 2 ORS S/O LT. NANDA RAM BHARALI, R/O BALZAPARA, HOUSE NO. 37, WARD NO. 55 KHANAPARA, P.S. DISPUR, DIST. KAMRUP M, ASSAM-781022
2:MD. NUR ALI S/O LT. MATTEB ALI R/O MUSLIMPATTY P.S. HAJO DIST. KAMRUP ASSAM P/A NOONMATI AHMED NAGAR HILLSIDE P.S. NOONMATI DIST. KAMRUP M ASSAM 781020
3:NATIONAL INSURANCE CO. LTD.
REPRESENTED BY THE REGIONAL MANAGER REGIONAL OFFICE BHANGAGARH G.S. ROAD GUWAHATI DIST. KAMRUP M ASSAM 78100 Advocate for the Petitioner : MR. A ACHARYA Advocate for the Respondent : MR. A A AHMED (R1)
Linked Case : CO 4/2018
1:THE NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET KOLKATA- 700071 AND REGIONAL OFFICE AT G.S.ROAD BHANGAGARH GHY-5 REP. BY ITS REGIONAL MANAGER REGIONAL OFFICE GHY (INSURER OF THE VEHICLE NO. AMU-2697 BUS)
VERSUS
1:SAPAN MANDAL AND 2 ORS S/O- LT SAKHIL MANDAL R/O- VILL- SALKUMAR P.S. ALIPURDUAR DIST- ZALPAIGURI WEST BENGAL PRESENTLY RESIDING AT RUKMINIGAON GHY-22 DIST- KAMRUP (M)
ASSAM
2:PRAFULLA BHARALI S/O- LT NANDA RAM BHARALI R/O- BALZARAPARA HOUSE NO. 37 WARD NO. 55 KHANAPARA P.S. DISPUR GHY-22 DIST- KAMRUP (M)
ASSAM (OWNER OF THE VEHICLE NO. AMU-2697 BUS)
3:MD. NUR ALI S/O- LT MATLEB ALI R/O- MUSLIMPATTY P.O. AND P.S. HAJO PIN-781102 DIST- KAMRUP ASSAM PRESENTLY RESIDING AT NOONMATI AHMED NAGAR HILLSIDE P.S. NOONMATI GHY-20 DIST- KAMRUP (M)
ASSAM (DRIVER OF THE VEHICLE NO. AMU-2697 BUS)
Advocate for the Petitioner : MR. A DUTTA Advocate for the Respondent : MR. A ACHARYA Linked Case : I.A.(Civil) 1353/2018
1:THE NATIONAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET KOLKATA- 700071 AND REGIONAL OFFICE AT G.S.ROAD BHANGAGARH GHY-5 REP. BY ITS REGIONAL MANAGER REGIONAL OFFICE GHY (INSURER OF THE VEHICLE NO. AMU-2697 BUS)
VERSUS
1:SAPAN MANDAL AND 2 ORS S/O- LT SAKHIL MANDAL R/O- VILL- SALKUMAR P.S. ALIPURDUAR DIST- ZALPAIGURI WEST BENGAL PRESENTLY RESIDING AT RUKMINIGAON GHY-22 DIST- KAMRUP (M)
ASSAM
2:PRAFULLA BHARALI S/O- LT NANDA RAM BHARALI R/O- BALZAPARA HOUSE NO. 37 WARD NO. 55 KHANAPARA P.S. DISPUR GHY-22 DIST- KAMRUP (M)
ASSAM (OWNER OF THE VEHICLE NO. AMU-2697 BUS)
3:MD. NUR ALI S/O- LT MATLEB ALI R/O- MUSLIMPATTY P.O. AND P.S. HAJO PIN-781102 DIST- KAMRUP ASSAM PRESENTLY RESIDING AT NOONMATI AHMED NAGAR HILLSIDE P.S. NOONMATI GHY-20 DIST- KAMRUP (M)
ASSAM (DRIVER OF THE VEHICLE NO. AMU-2697 BUS)
Advocate for the Petitioner : MR. A DUTTA Advocate for the Respondent : MR. A ACHARYA BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 15-03-2019 Heard Mr. A. Dutta, learned counsel for the applicant/cross objector. Also heard Mr. A.
Acharya, learned counsel for the opposite party No. 1/respondent No. 1.
This application is preferred praying for suspension of the impugned judgment and award dated 16.05.2017 passed by the learned Member, MACT No. 2, Kamrup, Guwahati in MAC Case No.
362/2012.
By judgment and award dated 16.05.2017, the MACT has awarded an amount of Rs. 73,000/-
as compensation to the claimant/Sri Swapan Mandal in MAC Case No. 362/2012 for the injuries sustained by him in a motor vehicular accident that occurred on 25.01.2012, allegedly caused by a vehicle bearing registration No. AMU-2697 (Bus).
It is the contention of the applicant/cross objector that on 25.01.2012, the said vehicle bearing registration No. AMU-2697(Bus) did not have a valid policy of insurance issued by the applicant/cross objector.
Issue notice on the opposite parties/respondents, returnable in 6(six) weeks.
As Mr. Acharya, learned counsel has already entered appearance on behalf of the opposite party No. 1/respondent No. 1, no formal notice need to be issued to the said opposite party/respondent. The learned counsel for the applicant/cross-objector shall, however, furnish a copy of this I.A.(Civil) to Mr. Acharya within 3(three) days.
The applicant/cross objector shall take steps for service of notice on opposite parties No. 2 and
3 by registered post with A/D as well as through usual process in 5(five) days.
List after 6(six) weeks.
JUDGE Comparing Assistant
