An appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the Motor Accident Claims Tribunal's award on the ground that it was less than the claimed amount. The court admitted the appeal and issued process.
Appeal admitted; Notice issued to respondents; Listing after 3 weeks for further proceedings.
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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GAHC010160082023
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./436/2024
MD ANUWAR KHAN
S/O LT MD ABDU GAFUR, VILL.- WARD NO- 4, HAIDAR PATTY, P.O.TEZPUR, DIST.- SONITPUR, ASSAM.
VERSUS
ARPAN KR NATH AND ANR (E) S/O TARUN CHNADRA NATH, VILL.- PUKHRIA, P.O.- BESSERIA, P.S.TEZPUR, DIST.- SONITPUR, ASSAM.
2:NATIONAL INSURANCE COMPANY TEZPUR BRANCH SONITPUR ASSAM PIN- 784001
Advocate for the Petitioner : MR. S KHAN, MR. K BHATTACHARJEE,MS B TALUKDAR
Advocate for the Respondent : ,
Linked Case : I.A.(Civil)/2336/2023
MD ANUWAR KHAN S/O LT MD ABDU GAFUR
VILL.- WARD NO- 4 HAIDAR PATTY P.O.- TEZPUR
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DIST.- SONITPUR ASSAM.
VERSUS ARPAN KR NATH AND ANR. S/O TARUN CHNADRA NATH
VILL.- PUKHRIA P.O.- BESSERIA P.S.- TEZPUR DIST.- SONITPUR ASSAM.
2:NATIONAL INSURANCE COMPANY TEZPUR BRANCH SONITPUR ASSAM PIN- 784001. -----------Advocate for : MR. S KHAN Advocate for : MR C PHUKAN(R-2) appearing for ARPAN KR NATH AND ANR.
BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
Date : 10.02.2025
Heard Mr. K. Bhattacharjee, learned counsel for the appellant.
This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988, wherein the Judgment & Order dated 01.03.2023 passed by the Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur in MAC Case No. 31/2019 has been challenged on the grounds that the award made by the learned Tribunal is less than the amount due to the appellant.
Appeal is admitted.
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LCR is to be called for.
Issue notice to the respondents through registered post with A/D as well as through usual process, within 3 days returnable by three weeks.
List the matter after 3 (three) weeks.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the award by the Tribunal is less than the amount due to the appellant.
1 provisions across 1 enactments
MD Anuwar Khan
Arpan Kr Nath
National Insurance Company
Marli Vankung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
