Anauddin Sk v. The United India Insurance Company Limited and Anr

ORDER Date : 12.06.2024

Heard Mr. I. Haque, learned counsel appearing for the appellant.

¶2This is an appeal against the order dated 07.03.2024 passed by the MACT, Dhubri in MAC Case No.310 of 2016.

¶3The appellant is the claimant before the Tribunal. The date 11.01.2019 was the first date for filing evidence by the claimant. The claimant did not file his evidence on that day. The claimant continued to take time for filing evidence. But on 07.03.2024, the counsel for the claimant filed an application seeking another date for submission of evidence. The claimant simply informed the Court that because of personal inconvenience, the claimant needed time to file the evidence.

¶4The learned Tribunal held that the aforesaid personal inconvenience has not been explained. Therefore, the Tribunal held that the claimant had failed to adduce evidence.

¶5Thereafter, the Tribunal held that the claimant is not entitled to get any compensation.

¶6I have considered the submissions of Mr. Haque. I have also considered the circumstances leading to filing of this appeal.

¶7I have decided to agree that the Tribunal should have given at least one final opportunity to the claimant to examine witnesses.

¶8Therefore, the impugned judgment is set aside. The case is remanded to Page No.# 3/3 the Tribunal. The Tribunal is directed to give only one final opportunity to the claimant to examine himself and his witnesses.

¶9Thereafter, the Tribunal shall dispose of the Claim Petition in accordance with the procedures laid down by law.

¶10With the aforesaid directions, the appeal stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010112102024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./272/2024o ANAUDDINoSKo S/OoLATEoMONOUDDINoSK,o VILL.-oJHAPUSABARIo(KALDOBAoPART-oII),oP.S.-oAGOMONI,oDIST.-oDHUBRI, ASSAM. VERSUSo THEoUNITEDoINDIAoINSURANCEoCOMPANYoLIMITEDoANDoANR.o REP.oBYoITSoBRANCHoMANAGERoOFoDHUBRIoBRANCH,oP.O.,oP.S.oANDo DIST.-oDHUBRI,oASSAM,oPIN-o783301. 2:REJAULoHOQUE oS/OoACHHORUDDIN o VILL.-DHALADARI oBHANUKUMARI oP.S.-oBOXIRHAT oDIST.-oCOOCHBEHAR oWESToBENGAL oPIN-o736131o AdvocateoforotheoPetitionerooooo:oMRoIoHAQUEo AdvocateoforotheoRespondento:oo ooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA