Shriram General Insurance Co. Ltd vs Smti Anima Boro And 7 Ors
2022 Latest Caselaw 2606 Gua

                                                                     Page No.# 1/4

GAHC010237882018




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

                         Case No. : MACApp./410/2022

         SHRIRAM GENERAL INSURANCE CO. LTD
         1000-E/8 RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN
         302022 AND HAVING A BRANCH OFFICE AT B.R. ARCADE 3RD FLOOR 21,
         JANAPATH, ULUBARI, GUWAHATI 781007



         VERSUS

         SMTI ANIMA BORO AND 7 ORS
         W/O LATE BIJOY BORO, R/O VILL. PATGAON (DHANINPARA), P.O.
         BONGORA, P.S. AZARA, DIST. KAMRUP (R), ASSAM, PIN 781017

         2:MST. RAHUL BORO

          S/O LATE BIJOY BORO
          R/O VILL. PATGAON (DHANINPARA)
          P.O. BONGORA
          P.S. AZARA
          DIST. KAMRUP (R)
          ASSAM
          PIN 781017

         3:MST. BAKUL BORO
          S/O LATE BIJOY BORO
          R/O VILL. PATGAON (DHANINPARA)
          P.O. BONGORA
          P.S. AZARA
          DIST. KAMRUP (R)
         ASSAM
          PIN 781017
          RESPONDENT NOS 2 AND 3 BEING MINOR ARE REPRESENTED BY THEIR
         LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO. 1
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             4:MD. SAHIDUL HAQUE
              S/O SHAD UDDIN
              R/O VILL. TINTIKRI
              HAILARA
              P.S. KATIGORAH
              DIST. CACHAR
             ASSAM
              PIN 788805

             5:MD. ABU HUSSAIN AHMED
              S/O SHAD UDDIN
              R/O VILL. TINTIKRI
              HAILARA
              P.S. KATIGORAH
              DIST. CACHAR
             ASSAM
              PIN 788805

             6:DIBAKAR YADAV
              C/O SRI GOPENDRA ROY
              R/O VILL. PANONGHAT
              P.S. DHOLAI
              DIST. CACHAR
             ASSAM
              PIN 788114

             7:THE NEW INDIA ASSURANCE CO. LTD.
              DIVISIONAL OFFICE
              CLUB ROAD CAPITAL TRAVELS BUILDING
              P.O. SILCHAR-1
              DIST. CACHAR
             ASSAM
              NORTH EASTERN REGIONAL OFFICE G.S. ROAD
              BHANGAGARH
              GUWAHATI 78100

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : MR. B K JAIN




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

30.07.2022 Page No.# 3/4

Heard Mr. R. Goswami, the learned counsel for the appellant. Also heard Mr. B. K. Jain, learned counsel for the respondent Nos. 1, 2 and 3 and Ms. S. Musahary, learned counsel for the respondent No. 8.

This is an appeal against the judgment and award dated 21.12.2017 passed by the learned Member, MACT, No. 3, Kamrup, Guwahati, in MAC Case No. 246/2014.

Appeal is admitted.

Call for the records.

Issue notice returnable after six weeks.

It is submitted by Mr. Goswami, learned counsel for the appellant that the respondent No. 7 is not a necessary party and accordingly his name may be struck off from the array of parties. Prayer is allowed. Registry to correct the same including in the CIS system.

The appellant to take steps for issuance of notice upon the respondents by way of registered post with A/D as well as by usual process within a period of seven days from today.

As the respondent Nos. 1, 2 and 3 are represented by Mr. B. K. Jain, learned counsel and respondent No. 8 is represented by Ms. S. Musahary, learned counsel, no formal notice need be issued to the said respondents. However, extra copies be furnished to the learned counsel for the respondents within a period of three days from today.

List this matter after six weeks on a date to be fixed by the Registry.

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JUDGE

Comparing Assistant