The New India Assurance Co. Ltd vs Bulu Das @ Bulo Das
2025 Latest Caselaw 3600 Gua

Gauhati High Court

The New India Assurance Co. Ltd vs Bulu Das @ Bulo Das on 28 February, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/3

GAHC010031272025




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

                          Case No. : MACApp./49/2025

         THE NEW INDIA ASSURANCE CO. LTD.
         A COMPANY REGISTERED UNDER THE COMPANIES ACT, REP. BY ITS
         ASSISTANT MANAGER, ULUBARI, GUWAHATI- 781007, DIST- KAMRUP (M),
         ASSAM.



         VERSUS

         BULU DAS @ BULO DAS
         W/O- SRI SUKLESHWAR DAS, R/O- VILL- KEOTPARA, AZARA, PS.- AZARA,
         DIST.- KAMRUP, ASSAM, PIN- 7811003.

         2:SUKLESHWAR DAS
          S/O. LT. CHARU DAS
          R/O. VILL.- KEOTPARA
         AZARA
          P/S. AZARA
          DIST. KAMRUP
         ASSAM
          PIN-781103.

         3:SANTOSH JHA
          S/O. HARISH CHANDRA JHA
          C/O. PARTESH KALITA
          R/O. LAKHINAGAR
          H/NO. 58
          GANESHPARA
          BATHOW MINDIR
          GUWAHATI-781025
          DIST. KAMRUP
         ASSAM
                                                                      Page No.# 2/3

      For the Petitioner(s)          : Ms. L. Sharma, Advocate

      For the Respondent(s)          : Ms. D. D. Roy, Advocate
                                     : Ms. M. Gazloo, Advocate




                                    BEFORE
                     HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 28.02.2025

This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 06.12.2024 passed by the learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M) at Guwahati in MAC Case No.488/2019.

2. Appeal is admitted.

3. Call for the records.

4. Ms. D. D. Roy, the learned counsel appearing on behalf of the Respondent Nos. 1 and 2.

5. Ms. L. Sharma, the learned counsel appearing on behalf of the appellant submits that taking into account that the vehicle in question had insurance policy, the appellant insurance company would not like to contest the case against the owner.

6. Taking into account the above, the name of the Respondent No.3 is struck off.

7. The learned counsel for the appellant is directed to file a fresh memo of parties within 7 days before the Registry of this Court and on the basis thereof, the Registry of this Court shall make necessary Page No.# 3/3

correction in the cause title of the appeal as well as update the same in the CIS.

8. List this matter again on 01.04.2025 at 2 PM along with the records of MAC Case No.488/2019 for final disposal.

JUDGE

Comparing Assistant