Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010022992025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/411/2025 FIRDUS ALI ALIAS KAJABA S/O NUR KALAM BEPARI, RESIDENT OF VILLAGE SARKARPARA, PO MANKACHAR, DIST SOUTH SALMARA MANKACHAR, ASSAM 783131 VERSUS MOHAMMAD ALI AN ANR S/O LATE TALEBUDDIN SK, RESIDENT OF VILLAGE KALODEWANIGRAM, PO MANKACHAR, DIST SOUTH SALMARA MANKACHAR ASSAM 2:THE REGIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD. GS ROAD ULUBARI GUWAHATI 781007 KAMRUP M ASSA Advocate for the Petitioner : ATMA RAM AGARWALA, Advocate for the Respondent : MS R D MAZUMDAR,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 23.04.2025
1. Heard Mr. A. R. Agarwala, learned counsel for the applicant. Also heard Ms. R. D. Mozumdar, learned counsel for the respondent/Insurance Company. 2. This application has been filed by the applicant praying for sending of the records of the MAC Case No. 1880/2017 to the Motor Accident Claims Tribunal No. 3, Kamrup(M). 3. The learned counsel for the applicant has submitted that the Insurance
Page No.# 2/2 Company has already deposited the awarded amount before the concerned Motor Accident Claims Tribunal, however, the same has not yet been disbursed to the claimant for want of records as the original records have been send by the concerned Motor Accident Claims Tribunal in connection with MAC Appeal No. 427/2022 which is pending before this Court. 4. I have considered the submissions made by the learned counsel as well as perused the records of MAC Appeal No. 427/2022. 5. It appears that the records of MAC Case No. 1880/2017 has been received by the Registry of this Court as same was sent to this Court in pursuant to order dated
30.07.2022. 6. It also appears that though only scanned copy of the records was called for, however, the concerned Tribunal has sent the original records and which has caused difficulty in disbursing the compensation amount which has already been deposited by the Insurance Company before the concerned Motor Accident Claims Tribunal. 7. It appears that for disbursing the compensation amount deposited before the concerned Motor Accident Claims Tribunal, the original records of MAC Case No. 1880/2017 may not be required. The said Tribunal may disburse the compensation amount to the claimant who are entitled to get the same after keeping records of the same if necessary by preparing a supplementary record to that effect.
However, for the sake of convenience, the Registry of this Court is directed to get the records of MAC Case No. 1880/2017 scanned and send a scanned copy back to the Motor Accident Claims Tribunal No. 3, Kamrup(M) so as to facilitate disbursement of the compensation amount which has already been deposited by the Insurance Company. 8. With the above observation, this interlocutory application is disposed of. JUDGE Comparing Assistant