Gauhati High Court
Page No.# 1/4 vs National Insurance Co. Ltd. And 2 ... on 11 February, 2022
Page No.# 1/4
GAHC010021282022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/299/2022
ON THE DEATH OF KAILASH KALITA HIS LEGAL HEIRS ANITA KALITA
AND 2 ORS
W/O LATE KAILASH KALITA, R/O VILL. KATHALBAMURI, P.O.
BAGHMARA BAZAR, P.S. PATACHARKUCHI, DIST. BARPETA, ASSAM, PIN
781326
2: CHANDANA KALITA
D/O LATE KAILASH KALITA
R/O VILL. KATHALBAMURI
P.O. BAGHMARA BAZAR
P.S. PATACHARKUCHI
DIST. BARPETA
ASSAM
PIN 781326
3: KAMAL KALITA
S/O LATE KAILASH KALITA
R/O VILL. KATHALBAMURI
P.O. BAGHMARA BAZAR
P.S. PATACHARKUCHI
DIST. BARPETA
ASSAM
PIN 78132
VERSUS
NATIONAL INSURANCE CO. LTD. AND 2 ORS,.
HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA
WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH,
GUWAHATI 5 AND ONE OF ITS DIVISIONAL OFFICE AT MALIGAON
CHARIALI, GUWAHATI, ASSAM, REPRESENTED BY ITS CHIEF REGIONAL
MANAGER.
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2:JIYAUR PASHA
S/O SALIM PACHA
R/O BARAMA ROAD
P.O. AND P.S. NALBARI
DIST. NALBARI
ASSAM
PIN 781335
3:PRAFULLA DAS
S/O DHANMANI DAS
R/O VILL. AND P.O. BANEKUCHI
P.S. NALBARI
DIST. NALBARI
ASSA
Advocate for the Petitioner : MR. N I CHOWDHURY
Advocate for the Respondent :
Linked Case : MACApp./979/2018
NATIONAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET
KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI
REGIONAL OFFICE
AT G.S ROAD
BHANGAGARH
GUWAHATI -5 AND ONE OF ITS DIVISIONAL OFFICE AT MALIGAON
CHARIALI
GUWAHATI
ASSAM.
VERSUS
ON THE DEATH OF KAILASH KALITA HIS LEGAL HEIRS 1(a) SMT. KADAMI
KALITA and 2 ORS
MOTHER OF LATE KAILASH KALITA
R/O KATHALBAMURI
P.O. BAGHMARA BAZAR
P.S. PATACHARKUCHI
DIST. BARPETA
PIN-781326
ASSAM
1:(b) SMT ANITA KALITA
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W/O LATE KAILASH KALITA
1:(c) SMT. CHANDANA KALITA
D/O KAILASH KALITA
1:(d) SRI KAMAL KALITA
S/O KAILASH KALITA
ALL ARE R/O KATHALBAMURI
P.O. BAGHMARA BAZAR
P.S. PATACHARKUCHI
DIST. BARPETA
PIN-781326
ASSAM
2:MD. JIYAUR PASHA
S/O SALIM PASHA
R/O BARAMA ROAD
NALBARI
P.O. and P.S. NALARI
DIST. NALBARI
ASSAM.
3:SRI PRAFULLA DAS
S/O DHANMANI DAS
R/O VILL. and P.O. BANEKUCHI
DIST. NALBARI
ASSAM.
------------
Advocate for : MR. R K BHATRA
Advocate for : appearing for ON THE DEATH OF KAILASH KALITA HIS LEGAL
HEIRS 1(a) SMT. KADAMI KALITA and 2 ORS
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 11-02-2022
Heard Mr. G. Alom, learned counsel for the applicants.
The present application has been filed under Section 151 of the Code of Civil Procedure, 1908,
praying for striking off the name of the respondent No. 1(a) namely Smti Kadami Kalita from the
memo of appeal being MAC Appeal No. 979/2018.
Late Kailash Kalita sustained injury in a motor accident and therefore he filed claim petition,
being MAC Case No. 306 of 2013 before the MACT No. 2, Kamrup, Guwahati seeking compensation.
The Tribunal awarded a sum of Rs. 14,92,500/- on 18.11.2014. Against the aforesaid award, the
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Insurance Company filed an appeal being MAC Appeal No. 979/2018. It may be stated that after
passing of the judgment by the Tribunal on 18.11.2014, on 19.12.2014, Kaliash Kalita expired and
thereafter, his wife and two children impledaded in his place in the memo of appeal.
It may be stated that Smti Kadami Kalita also known as Bhabani Kalita predeceased her son
Kailash Kalita but somehow her name continued to appear in the original petition as well as in the
memo of appeal. No steps were taken to strike off her name. Finally during the pendency of the
appeal in this court, the insurance company has compromised the matter with the claimants but since
the name of Smti Kadami Kalita @ Bhabani Kalita still appears in the memo of appeal and since she
was not a party to the compromise with the insurance Company, the settlement arrived at between
the parties could not materialize till today.
By filing the present application, it has been prayed that the name of Smti Kadami Kalita @
Bhabani Kalita deserves to be struck off from the memo of appeal. It has been prayed in this petition
that she died long before and her name was not struck off from the memo of appeal, the settlement
arrived at between the claimants and the Insurance Company has not yet materialized.
Mr. Alom, learned counsel for the applicants submits that failure to remove the name of Smti
Kadami Kalita @ Bhabani Kalita, is a technical fault and for that reason the present claimants do not
deserve to suffer.
After hearing the leaned counsel for the applicants, this Court is of the opinion that the
applicants have placed a strong case for themselves and on being satisfied, this court hereby directs
that the name of Kadami Kalita shall be struck off from the memo of appeal.
The Registry is directed to do the necessary correction in the memo of appeal by striking the
name of the respondent No. 1(a) namely Kadami Kalita.
With the aforesaid observations, the I.A. stands disposed of.
JUDGE
Comparing Assistant
