Page No.# 1/2 vs The National Insurance Co. Ltd. ...
2022 Latest Caselaw 2224 Gua

                                                                      Page No.# 1/2

GAHC010191462019




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

                                Case No. : MACApp./329/2022

            SMTI. JYOSHNA BORDOLOI @ JYOTSNA BORDOLOI AND 2 ORS
            W/O- LATE MIKEN BORDOLOI.

            2: SRI NAYAN JYOTI PURU
             S/O- LATE MIKEN BORDOLOI.

            3: SRI BIPUL PURU @ BORDOLOI
             S/O- LATE MIKEN BORDOLOI
            ALL ARE RESIDENTS OF VILL.- BHALUKAGURI
             P.O. SARUBORI
             PIN- 782105
             P.S. AND DIST.- MORIGAON
            ASSAM

            VERSUS

            THE NATIONAL INSURANCE CO. LTD. AND ANR
            DIVISIONAL MANAGER (DIVISIONAL OFFICE GUWAHATI, GUWAHATI-
            781001, DIST.- KAMRUP(M), ASSAM. (INSURER OF VEHICLE NO. AS-25-AC-
            5109 (TATA DI)

            2:SH. HUSSAIN DAS
             S/O- LATE RATAN DAS
             R/O- VILL. AND P.O. BAGHARA
             P.S. MORIGAON
             PIN- 782105
             DIST.- MORIGAON. (OWNER OF VEHICLE NO. AS-25-AC-5109 (TATA DI)

Advocate for the Petitioner   : MR. A BARUAH

Advocate for the Respondent : MR. K K BHATTA

Page No.# 2/2

BEFORE HON'BLE MRS. JUSTICE MALASRI NANDI

27.06.2022

Heard Mr. A. Baruah, learned counsel appearing for the appellant as well as Mr. K.K. Bhatta, learned counsel appearing for the respondent no. 1.

This is an appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and award dated 19.04.2017 passed by the learned Member, Motor Accidents Claims Tribunal, Morigaon in MAC Case No. 19/2015.

Appeal is admitted.

Call for the LCR.

The learned counsel for the appellant submits that the respondent no. 2 is the owner of the offending vehicle and he is not a necessary party in this proceeding and therefore, the name of the respondent no. 2 may be struck off.

Prayer is allowed.

Registry is directed to strike out the name of the respondent no. 2 from the array of the respondents at the risk of the appellant.

As prayed for, list the matter before the next National Lok Adalat on 13.08.2022.

JUDGE

Comparing Assistant