Gauhati High Court
Smti. Saraju Borah vs Oriental Insurance Company ... on 1 September, 2021
Page No.# 1/3
GAHC010008492017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
CO/44/2019
in MACApp./97/2018
SMTI. SARAJU BORAH
W/O SRI PORESH BORAH
RESIDENT OF THENGAL GAON
P.O. KAMARGAON
DISTRICT GOLAGHAT
ASSAM
PIN 785619
VERSUS
ORIENTAL INSURANCE COMPANY LIMITED AND 5 ORS
HAVING ITS REGIONAL OFFICE AT G.S. ROAD
ULUBARI
GUWAHATI-781007
REPRESENTED BY ITS REGIONAL MANAGER
2:CHAND SINGH
S/O. LT. N. SINGH
C/O SINHA ROADWAYS
R/O SEVOKE ROAD
P.O. SILIGURI
DIST. DARJEELING
WEST BENGAL
PIN-734001. (OWNER OF VEHICLE NO. AS-25/6583 (TRUCK))
3:KRISHNA RAY
S/O SRI BIJULI RAY
R/O SEVOKE ROAD
P.O. SILIGURI
DIST. DARJEELING
WEST BENGAL
PIN-734001
Page No.# 2/3
(OWNER OF VEHICLE NO. AS-25-6583 (TRUCK))
4:PORESH BORAH
S/O. LT RATNESWAR BORAH
R/O. THENGAL GAON
P.O. KAMARGAON
DIST. GOLAGHAT
ASSAM
PIN-785621
(OWNER OF THE VEHICLE NO. AS-03-H-5278 (I20))
5:MD. FAIJUL ALI
S/O. MD. TAYEB ALI
VILL. LETTEKU CHAPORI
P.O. LETEKUJAN
DIST. GOLAGHAT
ASSAM
PIN-785613
(DRIVER OF VEHICLE NO. AS-03-H-5278 (I 20))
6:THE MANAGER
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
GUWAHATI BRANCH
2B
2ND FLOOR
CENTRE POINT
G.S. ROAD
ULUBARI
GUWAHATI
KAMRUP (M)
ASSAM
PIN-781007
(INSURER OF VEHICLE NO. AS-03-H-5278 (i 20)
------------
Advocate for : MR. M DUTTA
Advocate for : MS. R D MOZUMDAR appearing for ORIENTAL INSURANCE
COMPANY LIMITED AND 5 ORS
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
01.09.2021
The court proceedings have been conducted through online court proceeding services.
Heard Mr. M. Dutta, learned counsel for the cross-objector. Also heard Ms. R.D.
Mozumdar, learned counsel for the respondent no. 1 and Mr. P. Hazarika, learned counsel for
Page No.# 3/3
the respondent no. 6.
This cross-objection under Order XLI Rule 22 of the Code of Civil Procedure, 1908 has
been preferred in connection with MAC App. 97/2018. The connected appeal, MAC App.
97/2018 is directed against the judgment and award dated 10.07.2017 passed by the learned
Member, Motor Accident Claims Tribunal, Golaghat ("Tribunal" for short) in MAC Case No.
29/2014. The appeal, MAC App. 97/2018 was admitted on 19.07.2019. The cross-objection
has been filed on 19.08.2019.
The cross-objection is admitted for Hearing.
The LCR of MAC Case No.29/2014 has already been received in connection with MAC
App. 97.2018.
Issue Notice returnable in 4 (four) weeks.
As Ms. Mozumdar has entered appearance for the respondent no. 1 and Mr. Hazarika
has entered appearance for the respondent no. 6, no formal notices need to be issued to the
said respondents.
Mr. Dutta has submitted that in the connected appeal, MAC App. 97/2018 the names of
the respondent no. 2 and respondent no. 3 have been striked off from the array of
respondents and as such, he has made a prayer to strike off the names of the respondent no.
2 and respondent no. 3 from the array of respondents in the present cross-objection also.
Both Ms. Mozumdar and Mr. Hazarika have submitted that the prayer made by the
cross-objector may be allowed at his cost and peril.
The prayer for striking off the names of respondent no. 2 and respondent no. 3 from
the array of respondents in this cross-objection is allowed at the cost and peril of the cross-
objector.
Registry to make necessary correction in the cause title of the cross-objection.
The cross-objector shall take steps for service of notice on the respondent no. 4 and
respondent no. 5 by usual process as well as by registered post with AD within 3 (three)
days.
List the cross-objection along with MAC App. 97/2018 after four weeks.
JUDGE
Comparing Assistant
