The National Insurance Co. Ltd vs Smti. Rupali Chetry And 5 Ors
2022 Latest Caselaw 3978 Gua

                                                                     Page No.# 1/3

GAHC010160922019




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

                          Case No. : MACApp./740/2022

         THE NATIONAL INSURANCE CO. LTD.,
         REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA-
         700071, REP. BY THE MANAGER, GAUHATI REGIONAL OFFICE,
         BHANGAGARH, GUWAHATI- 781005.



         VERSUS

         SMTI. RUPALI CHETRY AND 5 ORS.
         W/O- LATE GANESH CHETRY

         2:SMTI. HEMANTI MAYA CHETRY
          D/O- LATE GANESH CHETRY

         3:SHRI CHANDRA CHETRY
          S/O- LATE GANESH CHETRY
         ALL ARE RESIDENTS OF LIKABALI GREF CAMP NO. 519
          P.S. AND P.O. SILAPATHAR
          DIST.- DHEMAJI
         ASSAM
          PIN- 787059. (OPPOSITE PARTY NO. 2 AND 3 ARE REP. BY OPPOSITE PARTY
         NO. 1).

         4:SRI DILIP GOHAIN
          S/O- SHRI PREMADHAR GOHAIN
          R/O- WARD NO. 3
         ARADHAL
          P.O. ARADHAL
          P.S. AND DIST.- DHEMAJI
         ASSAM
          PIN- 787057. (OWNER AND DRIVER OF VEHICLE NO. AS-22-B-2435).

         5:SRI KARNA BAHADUR CHETRY
                                                                             Page No.# 2/3

             S/O- LATE MONBAHADUR CHETRY
             R/O- VILL.- TULSIBARI
             P.O.
             P.S. AND DIST.- DHEMAJI
             ASSAM
             PIN- 787001. (OWNER OF VEHICLE NO. AS-22-D-0229).

             6:SMTI. BISNUMAYA CHETRY
             W/O- SHRI HEM BAHADUR CHETRY
              R/O- VILL. AND P.O. KOBU CHAPORI
              P.S. JONAI
              DIST.- DHEMAJI
             ASSAM
              PIN- 787060

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MR. T GOGOI



                                       BEFORE
                    HON'BLE MRS. JUSTICE MALASRI NANDI
                                        ORDER

30.09.2022 Heard Ms R D Mozumdar, learned counsel for the appellant/Insurance Company and Mr T Gogoi, learned counsel for the respondent Nos. 1, 2 and 3.

The appellant/Insurance Company has preferred the appeal under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Award dated 17.11.2018, passed by the learned Member, MACT, Dhemaji, in MAC Case No. 03/2015.

The appeal is admitted.

As the learned counsel for the respondent Nos. 1, 2 and 3 has entered his appearance, no formal notice is necessary.

However, requisite extra copies of the petition be furnished to the learned counsel for the respondent Nos. 1, 2 and 3.

Issue notice upon respondent No. 6, by registered post with A/D as well as by Page No.# 3/3

usual process, returnable within 4 (four) weeks.

Steps be taken within a week from today.

Regarding the respondent Nos. 4 and 5, the learned counsel for the appellant submits that respondent Nos. 4 and 5 are the driver and owner of the offending vehicle, respectively, and as they have preferred the appeal only on the quantum of compensation, so their presence is not necessary in the proceeding and as such, she has prayed that the names of respondent Nos. 4 and 5 be struck off from the array of respondents.

Considering the submission made by the learned counsel for the appellant, let the names of respondent Nos. 4 and 5 be struck off from the array of respondents in the Cause Title of the appeal, at the risk of the appellant.

Registry is directed to do the needful, in this regard.

Call for the LCR.

List the matter accordingly, after 4 (four) weeks.

JUDGE

Comparing Assistant