Citation : 2022 Latest Caselaw 3648 Gua
Judgement Date : 19 September, 2022
Page No.# 1/2
GAHC010149442018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./607/2022
SMT ARATI SAIKIA @ ARATI BORDOLOI SAIKIA
W/O- LATE BIPUL SAIKIA, R/O- VILL.- DOLOICHUBA, P.O. DOLOICHUBA,
P.S. AND DIST.- MORIGAON, ASSAM, PIN- 782105
VERSUS
SRI MONUJ KR BORAH AND ANR
S/O- SRI SUREN BORAH, R/O- VILL.- AMSOI, P.O. AMSOI, P.S. RAHA, DIST.-
NAGAON, ASSAM, PIN- 782425
2:NATIONAL INSURANCE CO. LTD.
REP. BY THE REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE
G.S. ROAD
BHANGAGARH
GUWAHATI-5
Advocate for the Petitioner : MR. M TALUKDAR
Advocate for the Respondent : MR. K K BHATTA
BEFORE
HON'BLE MRS. JUSTICE MALASRI NANDI
ORDER
19.09.2022 Heard Mr M Talukdar, learned counsel for the appellant and Ms L Sharma, learned Page No.# 2/2
counsel for the respondent No. 2.
This appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988, by the claimant/appellant against the Judgment and Order dated 19.05.2017, passed by the learned Member, MACT, Morigaon, in MAC Case No. 56/2014. Learned counsel for the appellant submits that respondent No. 1 is the owner of the alleged offending vehicle and as such, his presence is not necessary as he has preferred the appeal on the point of quantum of compensation and prayed to struck off the name of respondent No. 1 from the array of respondents. Prayer is allowed.
Accordingly, the Registry is directed to strike out the name of respondent No. 1 from the array of respondents in the Cause Title. Call for the LCR.
List the matter after 4 (four) weeks.
JUDGE
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