Oriental Insurance Company ... vs Smti Purnima Gogoi And 2 Ors
2022 Latest Caselaw 3119 Gua

                                       Page No.# 1/5

GAHC010193362018




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : MACApp./520/2022

         ORIENTAL INSURANCE COMPANY LIMITED
         A COMPANY REGD. AND INCORPORATED UNDER THE COMPANIES ACT,
         1956, HAVING ITS REGD. OFFICE AT 3, ORIENTAL HOUSE, A-25/27 ASAF ALI
         ROAD, NEW DELHI-2, WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD,
         ULUBARI-7, GUWAHATI, REPRESENTED BY ITS REGIONAL MANAGER,
         GUWAHATI, ASSAM



         VERSUS

         SMTI PURNIMA GOGOI AND 2 ORS
         W/O. LATE KAMAL GOGOI, PERMANENT R/O. VILL. BOKATA
         DIMARUGURI GAON, P.O. AND P.S. BAKHER NMUGURI, DIST. SIVASAGAR,
         ASSAM, PIN 785670 PRESENT R/O. GRIHASHRAM, H/NO. 53, BEHIND
         PRATIKSHA HOSPITAL, P.O. AND P.S. BORBARI, GUWAHATI, DIST.
         KAMRUP(M), ASSAM, PIN- 781036

         2:SRI MONTU BARUAH
          S/O SRI MOTRAM BARUAH
         RESIDENT OF VILLAGE BOKATA DIMARUGURI GAON
          P.O. AND P.S. BAKHER NMUGURI
          DIST. SIVASAGAR
         ASSAM
          PIN 785670

         3:SRI BIPUL NATH
          S/O SRI BEDHU NATH
          RESIDENT OF VILL. MOHKHUTI HOLMARIGAON
          P.O. AND P.S. BOKATA
          DIMARUGURI GAON
          P.O. AND P.S. BAKHER NMUGURI
          DIST. SIVASAGAR
         ASSAM
                                                    Page No.# 2/5

             PIN 78567

Advocate for the Petitioner   : MR. R C PAUL

Advocate for the Respondent : MR. N BORUAH




             Linked Case : I.A.(Civil)/4040/2019

            ORIENTAL INSURANCE COMPANY LIMITED
            A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES
            ACT
            1956
            HAVING ITS REGISTERED OFFICE AT 3
            ORIENTAL HOUSE
            A-25/27 ASAF ALI ROAD
            NEW DELHI-2
            WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD
            ULUBARI-7
            GUWAHATI
            REPRESENTED BY ITS REGIONAL MANAGER
            GUWAHATI
            ASSAM


             VERSUS

            SMTI PURNIMA GOGOI AND 2 ORS
            W/O LATE KAMAL GOGOI
            PERMANENT RESIDENT OF VILLAGE BOKATA DIMARUGURI GAON
            P.O. AND P.S. BAKHER NMUGURI
            DIST. SIVASAGAR
            ASSAM
            PIN 785670
            PRESENT RESIDENT OF GRIHASHRAM
            HOUSE NO. 53
            BEHIND PRATIKSHA HOSPITAL
            P.O. AND P.S. BORBARI
            GUWAHATI
            DIST. KAMRUP(M)
            ASSAM
            PIN 781036

            2:SRI MONTU BARUAH
                                       Page No.# 3/5

S/O SRI MOTRAM BARUAH
RESIDENT OF VILLAGE BOKATA DIMARUGURI GAON
P.O. AND P.S. BAKHER NMUGURI
DIST. SIVASAGAR
ASSAM
PIN 785670
3:SRI BIPUL NATH
S/O SRI BEDHU NATH
RESIDENT OF VILL. MOHKHUTI HOLMARIGAON
P.O. AND P.S. BOKATA
DIMARUGURI GAON
P.O. AND P.S. BAKHER NMUGURI
DIST. SIVASAGAR
ASSAM
PIN 785670
------------

Advocate for : MR. R C PAUL Advocate for : MR. N BORUAH appearing for SMTI PURNIMA GOGOI AND 2 ORS

Linked Case : I.A.(Civil)/2460/2022

ORIENTAL INSURANCE COMPANY LIMITED A COMPANY REGD. AND INCORPORATED UNDER THE COMPANIES ACT

HAVING ITS REGD. OFFICE AT 3 ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI-2 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD ULUBARI-7 GUWAHATI REPRESENTED BY ITS REGIONAL MANAGER GUWAHATI ASSAM

VERSUS

SMTI PURNIMA GOGOI AND 2 ORS W/O. LATE KAMAL GOGOI PERMANENT R/O. VILL. BOKATA DIMARUGURI GAON P.O. AND P.S. BAKHER NMUGURI DIST. SIVASAGAR ASSAM PIN 785670 PRESENT R/O. GRIHASHRAM Page No.# 4/5

BEHIND PRATIKSHA HOSPITAL P.O. AND P.S. BORBARI GUWAHATI DIST. KAMRUP(M) ASSAM PIN- 781036

2:SRI MONTU BARUAH S/O SRI MOTRAM BARUAH RESIDENT OF VILLAGE BOKATA DIMARUGURI GAON P.O. AND P.S. BAKHER NMUGURI DIST. SIVASAGAR ASSAM PIN 785670 3:SRI BIPUL NATH S/O SRI BEDHU NATH RESIDENT OF VILL. MOHKHUTI HOLMARIGAON P.O. AND P.S. BOKATA DIMARUGURI GAON P.O. AND P.S. BAKHER NMUGURI DIST. SIVASAGAR ASSAM PIN 785670

------------

Advocate for : MR. R C PAUL Advocate for : MR. N BORUAH appearing for SMTI PURNIMA GOGOI AND 2 ORS

BEFORE HON'BLE MRS. JUSTICE MALASRI NANDI

22.08.2022

Heard Mr. R.C. Paul, learned counsel appearing for the appellant as well as Mr. S. Khound, learned counsel appearing for the respondent nos. 1.

This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 02.05.2018 in MAC Case No. 1460/2015 passed by the learned Member, Motor Accidents Claims Tribunal No. 3, Kamrup (M).

The appeal is admitted for hearing.

Page No.# 5/5

Call for the LCR.

Regarding respondent nos. 2 and 3, learned counsel for the appellant submits that as the appeal has been preferred on quantum of compensation, the presence of the respondent nos. 2 and 3 i.e. the owner and driver of the vehicle are not required in this proceeding and prays for striking out the name of respondent nos. 2 and 3 from the array of respondents.

Prayer is allowed at the risk of the appellant. Registry is directed to do the needful by striking out the name of the respondent nos. 2 and 3 in the cause title of the appeal.

List this matter after 4(four) weeks.

JUDGE

Comparing Assistant