Page No.# 1/2 vs Sri Atul Ch. Das And 5 Ors
2022 Latest Caselaw 1846 Gua

                                                                            Page No.# 1/2

GAHC010099162022




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

                                Case No. : MACApp./269/2022

            UNION OF INDIA
            - REP. BY THE ADDL. DIGP, G.C., C.R.P.F., GURGAON, HARYANA, PIN-
            122001. (OWNER OF THE VEHICLE NO. HR-55-G-4618 MINI BUS).



            VERSUS

            SRI ATUL CH. DAS AND 5 ORS
            S/O- LATE SISHIL DAS, R/O- VILL.- SISHAPITH, P.O. AND P.S. BOKO, DIST.-
            KAMRUP, ASSAM, PIN- 781123.

            2:SMTI. MINATI DAS
            W/O- SRI ATUL CH. DAS
             R/O- VILL.- SISHAPITH
             P.O. AND P.S. BOKO
             DIST.- KAMRUP
            ASSAM
             PIN- 781123.

            3:THE REGIONAL MANAGER
             NATIONAL INSURANCE CO. LTD.

             BHANGAGARH
             GUWAHATI- 781005. (INSURER OF VEHICLE NO. AS-01/AQ 2985)

Advocate for the Petitioner   : MR. K K PARASAR

Advocate for the Respondent : MR. R GOSWAMI (r-3)




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI
                                                                                           Page No.# 2/2


                                                 ORDER

Date : --27.05.2022 Heard Mr. K.K. Parasar, learned counsel for the appellant. Also heard Mr. R. Goswami, learned counsel for the respondent No. 6.

This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 17.12.2018 passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup, Guwahati, in MAC Case No. 463/2012.

The appeal is admitted for hearing.

Call for the records.

Issue notice to the respondent Nos. 1 and 2 returnable by 6 weeks.

The learned counsel for the appellant has submitted that the respondent Nos. 3,4 and 5 are not necessary parties as the compensation awarded towards respondent Nos. 1 & 2 only and accordingly their names may be struck off.

Considering the submissions, names of respondent Nos. 3,4 & 5 be struck off at the risk of the appellant.

Registry is directed to do the needful by striking out the names of Respondent Nos. 3,4 and 5 from the cause title.

The appellant shall take steps on the respondent Nos. 1 and 2 by registered A/D within a week from today.

JUDGE

Comparing Assistant