Page No.# 1/2 vs New India Assurance Co. Ltd. And 3 ...
2022 Latest Caselaw 3861 Gua

                                                               Page No.# 1/2

GAHC010068222021




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

                           Case No. : I.A.(Civil)/999/2021

         DHRUBA LATA DEKA AND 2 ORS.
         W/O LATE JITEN DEKA, R/O SHANTI NAGAR, GOALPARA TOWN, PO
         BALADMARI, PS GOALPARA, PIN-783121

         2: NIDARSHAN PRABIR DEKA
          S/O LATE JITEN DEKA
          R/O SHANTI NAGAR
          GOALPARA TOWN
          PO BALADMARI
          PS GOALPARA
          PIN-783121

         3: SUDARSHAN PRABIR DEKA
         W/O LATE JITEN DEKA
          R/O SHANTI NAGAR
          GOALPARA TOWN
          PO BALADMARI
          PS GOALPARA
          PIN-78312

         VERSUS

         NEW INDIA ASSURANCE CO. LTD. AND 3 ORS.
         REP. BY ITS DIVISIONAL MANAGER, BONGAIGAON DIVISION,
         BONGAIGAON, PO AND DIST. BONGAIGAON, ASSAM, INSURANCE OF
         TRUCK AS-18-4377

         2:FARZUL HOQUE
          S/O MUKUL HUSSAIN
         VILL- RAMPUR
          PO AND PS KRISHNAI
          DIST. GOALPARA (OWNER)

         3:SAFIKUL ISLAM
                                                                            Page No.# 2/2

             S/O MOKSED ALI
             VILL- PAIKAN PART II (JHORABORI)
             PO AND PS KRISHNAI
             DIST. GOALPARA (DRIVER)

            4:NEW INDIA ASSURANCE CO. LTD.
             INSURER OF EON CAR AS01/MA 308

Advocate for the Petitioner   : MR H DAS

Advocate for the Respondent :




                                    BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 27/09/2022

Mr. H. Das, learned counsel for the applicant submits that the presence of respondent No.4 is not required in the proceeding as because as per judgment of the Tribunal, there is no negligence on the part of the vehicle bearing Registration No.AS- 01/MA-3083 (Eon Car) of the respondent No.4, who is the insurer of the said vehicle and prays for delete the name of the respondent No.4 from the array of the respondents.

Considering the submission of the learned counsel for the appellant, the name of the respondent No.4 be struck off from the array of the respondent.

Registry is directed to do the needful.

List this matter after vacation.

JUDGE

Comparing Assistant