The New India Assurance Co. Ltd vs Ms. Bela Shah And 3 Ors
2024 Latest Caselaw 5188 Gua

Gauhati High Court

The New India Assurance Co. Ltd vs Ms. Bela Shah And 3 Ors on 26 July, 2024

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GAHC010230412022




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

                         Case No. : MACApp./223/2024

         THE NEW INDIA ASSURANCE CO. LTD.
         BELTOLA BRANCH, REPRESENTED BY THE REGIONAL MANAGER, G.S.
         ROAD, BHANGAGARH, GUWAHATI, ASSAM.



         VERSUS

         MS. BELA SHAH and 3 ORS,
         W/O LATE HIMANSHU SHAH @ HIMANSHU H SHAH
         R/O THANE P.O. and P.S. THANE, MAHARASTRA, DIST. THANE,
         MAHARASTRA

         2:MASTER ROHAN SHAH
          S/O LATE HIMANGSHU SHAH @ HIMANSHU H SHAH
          R/O THANE P.O. and P.S. THANE
          MAHARASTRA
          DIST. THANE
          MAHARASTRA

         3:MS. GANGEHEN HANSRAJ SHAH
          NOT MENTIONED IN THE CLAIM PETITION

         4:THE ORIENTAL INSURANCE CO. LTD.
          MALIGAON BRANCH
          GUWAHATI


         5:M/S PRERONA TRANSPORT CARRYING CO. P. LTD. (OWNER)
          27 KALAPAHAR HILL SIDE
          BINOVA NAGAR
          GUWAHATI.

         6:SHRI PARAG KR SAIKIA
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            S/O LATE NIRMAL SAIKIA
            R/O VILL BARGUR
            TINSUKIA
            P/ RESIDENT OF TENGUIPARA

            P/S SARPATHAR
             DIST- GOLAGHAT
             ASSAM.
            (DRIVER OF SUPER BUS).

            7:MD. SABIDUR ALI
             S/O SAHAR ALI
            R/O SONALI ENTERPRISE
            DR ZAKIR HUSSAIN ROAD
            HENGRABARI
             GUWAHATI.
            (OWNER OF TRUCK)

            8:SHRI MANGAL DAIMARY
             S/O G. R. DAIMARY
            R/O ORANG
             DARRANG
             ASSAM.
            (DRIVER OF TRUCK

Advocate for the Petitioner   : MR. K K BHATTA

Advocate for the Respondent :




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

26.07.2024

1. Heard Mr. K.K. Bhatta, learned counsel for the appellant. Also heard Ms. P. Baruah, learned counsel for the respondent Nos. 1 and 2.

2. Issue notice to the other respondents.

3. Call for the case record of M.A.C. Case No. 651/2008.

4. The learned counsel for the appellant submits that as the respondent Page No.# 3/3

No. 4 had also filed another appeal challenging the quantum of the compensation awarded by the impugned judgment and said appeal was registered as MAC Appeal No. 21/2016 and same has been disposed of by a co- ordinate bench of this Court by Judgment and Order dated 21.05.2019.

5. The respondent Nos. 4,5,6,7 and 8 are not necessary for disposal of this appeal and their names may be struck off.

6. Considering the prayer made by the learned counsel for the appellant, the names of respondent Nos. 4,5,6,7 and 8 is struck off from the memo of appeal.

7. Registry to do the needful.

8. The appellant shall now take steps for issuance of notice of respondent No. 3 only by registered post with A/D as well as through usual mode.

9. The name of Ms. P. Baruah, as counsel for the respondent Nos. 1 and 2 may be shown in the cause-list henceforth.

10. Let this case be listed again after 4(four) weeks.

JUDGE

Comparing Assistant