Gauhati High Court
Hdfc Ergo General Insurance Co. ... vs Jamiruddin And 8 Ors on 28 February, 2022
Page No.# 1/5
GAHC010034242022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./97/2022
HDFC ERGO GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RAMON HOUSE,
H.T PAREKH MARG, 169, BACKBAY RECLAMATION, MUMBAI 400020 AND
ITS GUWAHATI BRANCH OFFICE AT ADITYAM BUILDING, 6TH FLOOR,
LACHIT NAGAR, GS ROAD, GUWAHATI, ASSAM, 781007
VERSUS
JAMIRUDDIN AND 8 ORS.
S/O GULZAR HUSSAIN, RESIDENT OF VILLAGE NIDANPUR PART II, PS
LAKHIPUR, DIST GOALPARA, 783129
2:ROSTOM ALI
S/O HASSAN ALI
RESIDENT OF VILLAGE MANASHPARA
PO AND PS LAKHIPUR
DIST GOALPARA
ASSAM
783129
3:SALEHA KHATUN
W/O ROSTOM ALI
RESIDENT OF VILLAGE MANASHPARA
PO AND PS LAKHIPUR
DIST GOALPARA
ASSAM
783129
4:MISS MOROMI @ BEAUTY
Page No.# 2/5
D/O JAMIRUDDIN
RESIDENT OF VILLAGE NIDANPUR PART II
PS LAKHIPUR
DIST GOALPARA
ASSAM
783129
TO BE REPRESENTED BY RES. NO. 1
5:ORIENTAL INSURANCE CO. LTD.
BONGAIGAON DIVISIONAL OFFICE
PO
PS AND DIST BONGAIGAON
ASSAM
783380
(INSURER OF VEHICLE NO. AS-18/C-0285 (AUTO RICKSHAW) )
6:MD. ABDUR RAHMAN MONDAL
S/O NURUL ISLAM
RESIDNET OF VILLAGE MADHYA SIMLABARI
PO AOLATOLI
PS LAKHIMPUR
DIST GOALPARA ASSAM
783129
(OWNER OF VEHICLE NO. AS-18/C-0285 (AUTO RICKSHAW) )
7:NIZANUR RAHMAN
S/O NURUL ISLAM
RESIDNET OF VILLAGE MADHYA SIMLABARI
PO AOLATOLI
PS LAKHIMPUR
DIST GOALPARA ASSAM
783129
(DRIVER OF VEHICLE NO. AS-18/C-0285 (AUTO RICKSHAW) )
8:MD. NIZAMUDDIN
S/O MOHAMMAD ALI
RESIDENT OF VILLAGE NALANGA PAHARTOLI
PS BAGUAN
PO JOYPUR BAZAR
DIST GOALPARA
ASSAM
783129
(OWNER OF VEHICLE NO. AS18/2961 (TRUCK) )
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9:SRI BHAIRAB NATH
S/O SRI BIREN NATH
RESIDENT OF VILLAGE AGIA
PS AGIA
DIST GOALPARA
ASSAM
783120
(DRIVER OF VEHICLE NO. AS18/2961 (TRUCK)
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent :
Linked Case : I.A.(Civil)/453/2022
HDFC ERGO GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RAMON HOUSE
H.T PAREKH MARG
169
BACKBAY RECLAMATION
MUMBAI 400020 AND ITS GUWAHATI BRANCH OFFICE AT ADITYAM
BUILDING
6TH FLOOR
LACHIT NAGAR
GS ROAD
GUWAHATI
ASSAM
781007
VERSUS
JAMIRUDDIN AND 8 ORS.
S/O GULZAR HUSSAIN
RESIDENT OF VILLAGE NIDANPUR PART II
PS LAKHIPUR
DIST GOALPARA
783129
2:ROSTOM ALI
Page No.# 4/5
S/O HASSAN ALI
RESIDENT OF VILLAGE MANASHPARA
PO AND PS LAKHIPUR
DIST GOALPARA
ASSAM
783129
3:SALEHA KHATUN
W/O ROSTOM ALI
RESIDENT OF VILLAGE MANASHPARA
PO AND PS LAKHIPUR
DIST GOALPARA
ASSAM
783129
4:MISS MOROMI @ BEAUTY
D/O JAMIRUDDIN
RESIDENT OF VILLAGE NIDANPUR PART II
PS LAKHIPUR
DIST GOALPARA
ASSAM
783129
TO BE REPRESENTED BY RES. NO. 1
5:ORIENTAL INSURANCE CO. LTD.
BONGAIGAON DIVISIONAL OFFICE
PO
PS AND DIST BONGAIGAON
ASSAM
783380
(INSURER OF VEHICLE NO. AS-18/C-0285 (AUTO RICKSHAW) )
6:MD. ABDUR RAHMAN MONDAL
S/O NURUL ISLAM
RESIDNET OF VILLAGE MADHYA SIMLABARI
PO AOLATOLI PS LAKHIMPUR
DIST GOALPARA ASSAM
783129
(OWNER OF VEHICLE NO. AS-18/C-0285 (AUTO RICKSHAW) )
7:NIZANUR RAHMAN
S/O NURUL ISLAM
RESIDNET OF VILLAGE MADHYA SIMLABARI
PO AOLATOLI
PS LAKHIMPUR
DIST GOALPARA ASSAM
783129
(DRIVER OF VEHICLE NO. AS-18/C-0285 (AUTO RICKSHAW) )
8:MD. NIZAMUDDIN
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S/O MOHAMMAD ALI
RESIDENT OF VILLAGE NALANGA PAHARTOLI
PS BAGUAN
PO JOYPUR BAZAR
DIST GOALPARA
ASSAM
783129
(OWNER OF VEHICLE NO. AS18/2961 (TRUCK) )
9:SRI BHAIRAB NATH
S/O SRI BIREN NATH
RESIDENT OF VILLAGE AGIA
PS AGIA DIST GOALPARA
ASSAM
783120
(DRIVER OF VEHICLE NO. AS18/2961 (TRUCK) )
------------
Advocate for : MR. R GOSWAMI
Advocate for : appearing for JAMIRUDDIN AND 8 ORS.
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 28.02.2022
Heard Mr. R. Goswami, learned counsel for the applicant.
Since the connected appeal has already been admitted for hearing,
the operation of the impugned judgment and award dated 16.11.2021
passed by the learned MACT, Goalpara in MAC Case No. 02/2010 shall
remain stayed till disposal of the connected appeal.
The interlocutory application stands disposed of.
JUDGE
Comparing Assistant
