Gauhati High Court
The National Insurance Company ... vs Sri Nakul Kumar Das And 7 Ors on 28 September, 2022
Page No.# 1/7
GAHC010226842018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./917/2018
THE NATIONAL INSURANCE COMPANY LIMITED
SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA.
REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA,
700071, REPRESENTED BY THE DEPUY MANAGER, GAUHATI REGIONAL
OFFICE, BHANGAGARH, GUWAHATI 781005
VERSUS
SRI NAKUL KUMAR DAS AND 7 ORS
S/O LATE CHANDRA MOHAN DAS
R/O VILLAGE J N ROAD, GOALPARA TOWN, PO AND PS GOALPARA, DIST
GOALPARA, ASSAM, 783101
2:SRI ARJUN DAS
S/O LATE CHANDRA MOHAN DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
3:SMTI. LINABATI DAS
D/O LATE CHANDRA MOHAN DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
4:SMTI. MIRA DAS
Page No.# 2/7
D/O LATE CHANDRA MOHAN DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
5:SMTI. ARCHANA DAS
D/O LATE CHANDRA MOHAN DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
6:MISS CHANDAMITA DAS
D/O LATE KALPANABATI DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
7:SMTI. MARAMI TALUKDAR
W/O SRI ABALA TALUKDAR
VILL
PO AND PS CHAYGAON
DIST KAMRUP ASSAM
781124
8:SRI ANANTA NATH
S/O LATE PRABIN NATH
R/O VILLAGE BATAKUCHI
PO AND PS CHAYGAON
DIST KAMRUP ASSAM
78112
Advocate for the Petitioner : MS. R D MOZUMDAR
Advocate for the Respondent :
Page No.# 3/7
Linked Case : I.A.(Civil)/3805/2018
THE NATIONAL INSURANCE COMPANY LIMITED
SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA.
REGISTERED HEAD OFFICE AT 3
MIDDLETON STREET
CALCUTTA
700071
REPRESENTED BY THE DEPUY MANAGER
GAUHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI 781005
VERSUS
SRI NAKUL KUMAR DAS AND 7 ORS
S/O LATE CHANDRA MOHAN DAS R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
2:SRI ARJUN DAS
S/O LATE CHANDRA MOHAN DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
3:SMTI. LINABATI DAS
D/O LATE CHANDRA MOHAN DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
4:SMTI. MIRA DAS
D/O LATE CHANDRA MOHAN DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
Page No.# 4/7
783101
5:SMTI. ARCHANA DAS
D/O LATE CHANDRA MOHAN DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
6:MISS CHANDAMITA DAS
D/O LATE KALPANABATI DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
7:SMTI. MARAMI TALUKDAR
W/O SRI ABALA TALUKDAR
VILL
PO AND PS CHAYGAON
DIST KAMRUP ASSAM
781124
8:SRI ANANTA NATH
S/O LATE PRABIN NATH
R/O VILLAGE BATAKUCHI
PO AND PS CHAYGAON
DIST KAMRUP ASSAM
781124
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : appearing for SRI NAKUL KUMAR DAS AND 7 ORS
Linked Case : I.A.(Civil)/3804/2018
THE NATIONAL INSURANCE COMPANY LIMITED
SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA.
REGISTERED HEAD OFFICE AT 3
MIDDLETON STREET
CALCUTTA
700071
REPRESENTED BY THE DEPUY MANAGER
GAUHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI 781005
Page No.# 5/7
VERSUS
SRI NAKUL KUMAR DAS AND 7 ORS
S/O LATE CHANDRA MOHAN DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
2:SRI ARJUN DAS
S/O LATE CHANDRA MOHAN DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
3:SMTI. LINABATI DAS
D/O LATE CHANDRA MOHAN DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
4:SMTI. MIRA DAS
D/O LATE CHANDRA MOHAN DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
5:SMTI. ARCHANA DAS
D/O LATE CHANDRA MOHAN DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
6:MISS CHANDAMITA DAS
D/O LATE KALPANABATI DAS
R/O VILLAGE J N ROAD
GOALPARA TOWN
Page No.# 6/7
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
7:SMTI. MARAMI TALUKDAR
W/O SRI ABALA TALUKDAR
VILL
PO AND PS CHAYGAON
DIST KAMRUP ASSAM
781124
8:SRI ANANTA NATH
S/O LATE PRABIN NATH
R/O VILLAGE BATAKUCHI
PO AND PS CHAYGAON
DIST KAMRUP ASSAM
781124
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : MR. DITUL DAS (R-1 TO 6) appearing for SRI NAKUL KUMAR
DAS AND 7 ORS
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 28.09.2022
Heard Ms. R.D. Mozumdar, learned counsel appearing for the appellant.
This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against
the impugned judgment and award dated 24.01.2017, passed by the learned Member, Motor
Accident Claims Tribunal, Goalpara in MAC Case No. 83/2010.
The learned counsel for the appellant submits that on behalf of respondent Nos. 1 to 6,
Mr. B. Das will appear and the copy of the memo of appeal has already been served to him.
Regarding respondent Nos. 7 and 8, the learned counsel for the appellant submits that
their presence is not required as the appellant has no grievance against the respondent Nos.
7 and 8 and their names may be struck off from the array of the respondents.
Considering the submission of the learned counsel for the appellant, the names of the
respondent Nos. 7 and 8 be struck off from the array of the respondents at the risk of the
Page No.# 7/7
appellant.
The Registry is directed to do the needful.
The appeal is admitted for hearing.
Call for the LCR.
List the matter after 4 weeks.
JUDGE
Comparing Assistant
