Bajaj Allianz General Insurance ... vs Sri Bhaben Boruah And 4 Ors
2025 Latest Caselaw 9341 Gua

Gauhati High Court

Bajaj Allianz General Insurance ... vs Sri Bhaben Boruah And 4 Ors on 5 December, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                    Page No.# 1/3

GAHC010265152025




                                                             undefined

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

                             MACApp./387/2019

         BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT GE PLAZA
         AIRPORT ROAD
         YERAWADA
         PUNE- 411006 AND ITS LOCAL OFFICE AT SREEJI TOWER
         3RD FLOOR
         (ADJACENT TO MAHINDRA SHOW ROOM) CHRISTIAN BASTI
         GUWAHATI- 781005.


          VERSUS

         SRI BHABEN BORUAH AND 4 ORS.
         S/O- SRI BAPURAM BORUAH
         R/O- VILL.- DOKUA KUMAR SUK
         P.O. DHALPUR
         P.S. BIHPURIA
         PIN- 784165
         DIST.- NORTH LAKHIMPUR
         ASSAM.

         2:SRI PRANAB KUMAR DUTTA
         S/O- SRI DEBA DUTTA
          R/O- NABA DAS DEORA BUILDING (ROOM NO. 3)
          BELTOLA
          P.S. BASISTHA
          DIST.- KAMRUP
         ASSAM
          PIN- 781028. (OWNER OF TRUCK NO. AS-01/DD-1583).

         3:SRI DIBJYOTI GOGOI
         S/O- SRI DILIP GOGOI
         R/O- DUBIA AUGURI
         P.S. GOHPUR
                                                                                Page No.# 2/3

             DIST.- SONITPUR
             ASSAM
             PIN- 784178. (DRIVER OF TRUCK NO. AS-01/DD-1583).

             4:SRIRAM GENERAL INSURANCE CO. LTD.

             BRANCH OFFICE
             JORHAT
             ASSAM
             PIN- 785007. (INSURER OF TRUCK NO. AS-01/DD-1583).

             5:SRI NITUL BORUAH
             S/O- SRI BAPURAM BORUAH
             R/O- VILL.- DOKUA KUMAR SUK
             P.O. DHALPUR
             P.S. BIHPURIA
             PIN- 784165
             DIST.- NORTH LAKHIMPUR
             ASSAM. (DRIVER OF BOLERO NO. AS-07-E-1888).
             ------------
             Advocate for : MR. R GOSWAMI
             Advocate for : MR. A J SAIKIA appearing for SRI BHABEN BORUAH AND 4 ORS.



                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                        JUDGMENT

Date : 05.12.2025

Heard Mr. R. Goswami, the learned Standing Counsel appearing for the appellant- Insurance Company. Also heard Mr. S. Pegu, the learned counsel appearing for the respondent No. 4.

Mr. Goswami has submitted that the respondent Nos. 2, 3 and 5 need not be heard in this appeal and therefore, their names should be struck off from the Title Page of the Memo of Appeal.

The prayer of Mr. Goswami is allowed.

Accordingly, the names of the respondent Nos. 2, 3 and 5 are struck off from the Title Page of the Memo of Appeal at the risk of the appellant.

Page No.# 3/3

Registry shall make the necessary correction in the Title Page of the Memo of Appeal

In the cause list, the name of the counsel representing the respondent Nos. 1 and 5 has been shown. None appears for them today.

The trial court's record has been received.

So, list this appeal along with MAC App.285/2021 in due course of time.

JUDGE

Comparing Assistant