Oriental Insurance Company Ltd vs Pranab Kalita And 2 Ors
2022 Latest Caselaw 4387 Gua

                                                               Page No.# 1/3

GAHC010213092022




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

                           Case No. : MACApp./778/2022

         ORIENTAL INSURANCE COMPANY LTD.
         (A CENRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT
         GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI- 781007 REPRESENTED BY
         THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI,
         GUWAHATI- 781005.



         VERSUS

         PRANAB KALITA AND 2 ORS.
         S/O LATE JITEN CH. KALITA,
         VILL.- ALIPUB,
         P.O.- BARPALAHA,
         P.S.- BAIHATA CHARIALI,
         DIST.- KAMRUP, ASSAM, PIN- 781121.

         2:M/S SREE GANESH ROADWAYS
          PROPRIETOR- RAJ KISHOR KUMAR

         B.G. ROAD
         BAMUNIMAIDAM
         WARD NO. 49
         GUWAHATI

         P.O.- BAMUNIMAIDAM

         P.S.- NOONMATI

         DIST.- KAMRUP (M)
         ASSAM
         PIN- 781021.

         3:MD. MUNSER ALI
                                                                        Page No.# 2/3

             S/O SHUKUR ALI

            VILL.- JALKARA

            P.O. AND P.S.- BARPETA

            DIST.- BARPETA
            ASSAM
            PIN- 781352

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent :




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                        ORDER

11.11.2022

Heard Ms. R.D. Mozumdar, learned counsel for the appellant.

Ms. D. Das Roy, learned counsel for the respondent no.1 has appeared and prayed for some time to file Vakalatnama and has submitted that before the learned MAC Tribunal, she is the counsel on record for respondent no.1/ claimant. Accordingly, she is permitted to appear for respondent no.1, however, subject to filing of the Vakalatnama on the next date.

This appeal under section 173 of the Motor Vehicles Act is directed against the judgment and award dated 26.07.2022 passed by the learned Member, MACT No.3, Kamrup (M), Guwahati in MAC case no.479/2019.

Appeal is admitted for hearing.

Call for the records.

It appears that the appellant has assailed the impugned award only on the Page No.# 3/3

quantum. Hence, the Court is of the considered opinion that the respondent nos.2 and 3 would not be necessary parties in this appeal. Accordingly, on the prayer made by the learned counsel for the appellant, the names of the respondent nos.2 and 3 are struck off. The Registry shall carry out the necessary corrections in the cause title.

List the matter on 07.12.2022.

JUDGE

Comparing Assistant