Laili Begum vs The Oriental Insurance Company ...
2022 Latest Caselaw 3640 Gua

                                                                     Page No.# 1/3

GAHC010009182020




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

                                Case No. : MACApp./482/2022

            LAILI BEGUM
            W/O LATE ABDUR RAHIM TALUKDAR, RESIDENT OF VILLAGE NO. 2
            SARKEY BASTI, P.O. NAKHUTI BAZAR, P.S. LUMDING, DIST. HOJAI,
            ASSAM



            VERSUS

            THE ORIENTAL INSURANCE COMPANY LTD. AND 2 ORS.
            REPRESENTED BY DIVISIONAL MANAGER, A.T. ROAD, NEAR SBI
            BRANCH, DERGAON, DISTRICT GOLAGHAT, ASSAM, PIN 785703

            2:MR. RAJIV HAZARIKA
             SON OF LATE BHOLANATH HAZARIKA
             RESIDENT OF KOMARGAON
             CHARIALI
             P.S. DERGAON
             DISTRICT GOLAGHAT
            ASSAM
             PIN 785703. OWNER OF THE OFFENDING VEHICLE.

            3:MD. MAKBUL ALI
             S/O LATE MAHMUD ALI
             RESIDENT OF VILLAGE BADULIPARA
             P.S. DERGAON
             DISTRICT GOLAGHAT
            ASSAM
             PIN 785703. DRIVER OF THE OFFENDING VEHICLE

Advocate for the Petitioner   : G UDDIN

Advocate for the Respondent : MR D J HALOI
                                                              Page No.# 2/3




Linked Case : I.A.(Civil)/416/2020

LAILI BEGUM
W/O LATE ABDUR RAHIM TALUKDAR
RESIDENT OF VILLAGE NO. 2 SARKEY BASTI
P.O. NAKHUTI BAZAR
P.S. LUMDING
DIST. HOJAI
ASSAM.


VERSUS

THE ORIENTAL INSURANCE COMPANY LTD. AND 2 ORS.
REPRESENTED BY DIVISIONAL MANAGER
A.T. ROAD
NEAR SBI BRANCH
DERGAON
DISTRICT GOLAGHAT
ASSAM
PIN 785703.

2:MR. RAJIV HAZARIKA
SON OF LATE BHOLANATH HAZARIKA
 RESIDENT OF KOMARGAON
 CHARIALI
 P.S. DERGAON
 DISTRICT GOLAGHAT
ASSAM
 PIN 785703. OWNER OF THE OFFENDING VEHICLE.
 3:MD. MAKBUL ALI
S/O LATE MAHMUD ALI
 RESIDENT OF VILLAGE BADULIPARA
 P.S. DERGAON
 DISTRICT GOLAGHAT
ASSAM
 PIN 785703. DRIVER OF THE OFFENDING VEHICLE.
 ------------
Advocate for : G UDDIN
Advocate for : MR D J HALOI appearing for THE ORIENTAL INSURANCE
COMPANY LTD. AND 2 ORS.
                                                                             Page No.# 3/3

                                    BEFORE
                      HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                         ORDER

Date : 19.09.2022

Heard Mr. G. Uddin, learned counsel for the appellant who submits that this appeal is submitted under section 173 of the Motor Vehicle Act. 1988 is against the Judgment & Award passed by the learned Tribunal Hojai, Sankardev Nagar in MAC Case No. 137/2016, wherein the learned Tribunal had directed that the appellant should pay 50% of the award amount.

He submits that the learned Tribunal had erred in making such a order when the negligence in the accident was due to the composite negligence and that the full of award should have been against the respondent No.1.

Mr. S.C. Hussain appears on behalf of Mr. D.J.Haloi, learned counsel for the respondent No.1.

The names of respondent Nos. 2 & 3 make be struck off as prayed for the counsel for the appellant.

In view of the above, it is seen that service of notice upon the respondents is complete.

Matter is admitted.

Call for the LCR.

Matter is to be listed in usual course.

JUDGE

Comparing Assistant