The Oriental Insurance Company ... vs Smti Nayantora Doley And 3 Ors
2022 Latest Caselaw 3812 Gua

                                                                  Page No.# 1/2

GAHC010002492015




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

                           Case No. : MACApp./480/2018

         THE ORIENTAL INSURANCE COMPANY LTD.
         A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
         GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI 781007 REPRESENTED BBY
         THE ASSTT. MANAGER, GAUHAI REGIONAL OFFICE, ULUBARI,
         GUWAHATI 781007



         VERSUS

         SMTI NAYANTORA DOLEY and 3 ORS
         W/O LT. BIMAL DOLEY, GOGAMUKH NEWARGAON, P.O. and P.S.
         GOGAMUKH, DIST. DHEMAJI, ASSAM, PIN 787034

         2:LANKESWAR DAS

          S/O LATE NANDA DAS
          P.O. and P.S. SILAPATHER
          DIST. DHEMAJI
          ASSAM
          PIN 787057

         3:KESHAB KANWAR
          S/O SRI S. KANWAR
          HOUSE NO. 15
          NEAR ADABARI BUS STAND
          JALUKBARI
          GUWAHATI 781012
          DIST. KAMRUP
         ASSAM.

         4:RAHUL DOLEY
          S/O SRI CHAKU DOLEY
          R/O NO. 1 DULIAJAN GAON
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             P.O. ANANDAPARA
             DIST. DIBRUGARH
             ASSAM
             PIN 78669

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MR K BISWAKARMA




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                        ORDER

Date : 26.09.2022

Heard Ms. C. Mozumdar, the learned counsel appearing on behalf of the appellant and Mr. S.P. Choudhury, the learned counsel appearing on behalf of the respondent No. 1 and Mr. K. Biswakarma, the learned counsel appearing on behalf of the respondent No.4.

Taking into account the submissions made by the learned counsel for the appellant to the effect that the challenge to the impugned judgment and award is on the question of contributory negligence and there was no mention in the FIR that the vehicle insured with the appellant Company had led to the accident, the appearance of the respondent No. 3 for the present is not necessary.

Considering the above, let the matter be taken up for hearing immediately after the Puja vacation.

JUDGE

Comparing Assistant