The Gauhati High Court admitted an appeal for enhancement of a Motor Accident Claims Tribunal award. Procedural steps including notice issuance and a fresh listing were ordered while addressing service of notice on a specific respondent.
Appeal admitted; notice issued to respondents; case listed after one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010004742018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp. 345/2018
1:JAGDISH PATOR S/O SRI DULAL PATOR, R/O VILL. MIKIRBHETA, P.O. MIKIRBHETA, P.S. MIKIRBHETA, DIST. MORIGAON, ASSAM, PIN 782001
VERSUS
1:NEW INDIA ASSURANCE CO. LTD REPRESENTED BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, G.S. ROAD, BHANGAGARH, GUWAHATI-5
2:SRI TANESWAR NATH S/O LATE BHAKAT CH. NATH R/O VILL. BORIGAON P.O. HABI BARANGABARI P.S. MIKIRBHETA DIST. MORIGAON ASSAM PIN 782103 3:SRI HARICHARAN BORA S/O SRI TULAN BORA R/O VILL. HABI BARANGABARI P.S. MIKIRBHETA DIST. MORIGAON ASSAM PIN 78210
Advocate for the Petitioner : MR. M TALUKDAR
Advocate for the Respondent : MRS. B ACHARYA (OP1)
Linked Case : I.A.(Civil) 1510/2018 1:JAGDISH PATOR S/O SRI DULAL PATOR
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R/O VILL. MIKIRBHETA P.O. MIKIRBHETA P.S. MIKIRBHETA DIST. MORIGAON ASSAM PIN 782001
VERSUS 1:NEW INDIA ASSURANCE CO. LTD REPRESENTED BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE G.S. ROAD BHANGAGARH GUWAHATI-5 2:SRI TANESWAR NATH S/O LATE BHAKAT CH. NATH R/O VILL. BORIGAON P.O. HABI BARANGABARI P.S. MIKIRBHETA DIST. MORIGAON ASSAM PIN 782103 3:SRI HARICHARAN BORA S/O SRI TULAN BORA R/O VILL. HABI BARANGABARI P.S. MIKIRBHETA DIST. MORIGAON ASSAM PIN 782103
Advocate for the Petitioner : MR. M TALUKDAR Advocate for the Respondent : MRS. B ACHARYA (OP1)
BEFORE HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 23-09-2019
Heard Mr. M. Talukdar, learned counsel for the appellant, who submits
that the claimant has filed this appeal for enhancement of the award passed
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vide the Judgment dated 13.06.2017 by the learned Member, Motor Accident
Claims Tribunal, Morigaon in MAC Case No. 48/2015 (Injury).
Let the appeal be admitted.
Call for the LCR.
Issue notice to the respondents returnable by four weeks.
Mr. A. Acharya, learned counsel appears for respondent No. 1. As such,
no formal notice will be required on respondent No. 1. Appellant to furnish a
copy of the memo of appeal to Mr. A. Acharya, if not already done.
The learned counsel for the appellant submits that the respondent No. 2 has already been struck off for the condonation of delay application. As such, appellant to take steps for service of notice upon the respondent No. 3 by
registered post with A/D due as well as by usual process, within 3 days.
List this case again after 1 (one) month.
JUDGE
Comparing Assistant
Jagdish Pator
New India Assurance Co. Ltd. (Represented by the Regional Manager, Guwahati)
Taneswar Nath
Haricharan Bora
Nelson Sailo
As recorded by the court registry
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