Oriental Insurance Company Limited vs Smti Putul Bhumij And Ors
2025 Latest Caselaw 6432 Gua

Gauhati High Court

Oriental Insurance Company Limited vs Smti Putul Bhumij And Ors on 28 August, 2025

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GAHC010267022024




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

                               Case No. : MACApp./400/2025

           ORIENTAL INSURANCE COMPANY LIMITED
           HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI
           ROAD, NEW DELHI-110002, AND REGIONAL OFFICE AT GUWAHATI-7, REP.
           BY THE REGIONAL MANAGER.

           VERSUS

           SMTI PUTUL BHUMIJ AND ORS
           W/O. LT. BROJEN BHUMIJ, D/O.LT. JUGAL TANTI, PRESENTLY RESIDING AT
           BASHBARI GAON, P/O. HIJUGURI, P/S. AND DIST. TINSUKIA, ASSAM,
           PERMANENT RESIDENTOF UDALGURI TEA ESTATE, PURANA LINE, P/O.
           PANITOLA, P/S. CHABUA, DIST. DIBRUGARH, ASSAM.

           2:RUP CHAND KARMAKAR
            S/O. RAM PRASAD KARMAKAR
            R/O. LINE NO. 7
            MAKUM
            P/O. MAKUM
            P/S. MAKUM
            DIST. TINSUKIA
           ASSAM.

           3:ROSAN KARMAKAR
            S/O. LT. HARI CHAN KARMAKAR
            R/O. DINJAN TEA ESTATE
            PAKA LINE
            P/O. PANITOLA
            P/S. AND DIST. TINSUKIA
           ASSAM

Advocate for the Petitioner : MR SISHIR DUTTA, MR S DUTTA,MR. S DUTTA,MS S
MOCHAHARI,MR S DUTTA

Advocate for the Respondent : , MS. M. G. BISWAS(R-1)
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                                  BEFORE
                      HONOURABLE MR. JUSTICE BUDI HABUNG

                                        ORDER

Date : 28.08.2025

Heard Mr. S. Dutta, learned senior counsel, assisted by Mr. S. Dutta, learned counsel appearing on behalf of the appellant. Also heard Ms. M. G. Biswas, learned counsel for the respondent No. 1/ claimant.

This is an appeal filed under Section 173 of the Motor Vehicle Act, 1988, challenging the judgment & award, dated 16.08.2024, passed by the learned Member, Motor Accident Claim Tribunal, Tinsukia, in MAC Case No. 45/2022.

The appeal is admitted for hearing.

Call for the relevant trial Court records.

Issue notice, returnable within 4 weeks.

Since Ms. Biswas, learned counsel, has appeared and accepted notice on behalf of respondent No. 1/claimant; no formal notice need be issued to the said respondent.

However, as prayed for by Mr. Dutta, learned senior counsel for the appellant, Registry is hereby directed to strike-off the names of the respondents No. 2 & 3, respectively, who are stated to be not the necessary parties for the purpose of adjudication of the present appeal being the owner and the driver of the offending vehicle, from the array of the respondents at the risk of the appellant.

List it after 4(four) weeks on a date to be fixed by the Registry.

JUDGE Comparing Assistant