Tikendrajit Thakuria vs Regional Manager
2025 Latest Caselaw 1712 Gua

Gauhati High Court

Tikendrajit Thakuria vs Regional Manager on 3 January, 2025

                                                                     Page No.# 1/3

GAHC010253612024




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

                                Case No. : MACApp./651/2024


            TIKENDRAJIT THAKURIA
            S/O. SRI BALENDRA CH THAKURIA,
            VILL. NAHIRA,
            P/O. NAHIRA,
            P/S. PALASHBARI,
            DIST. KAMRUP,
            ASSAM.



            VERSUS

            REGIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. AND 2 ORS
            GUWAHATI,
            DISPUR, PIN-781006.

            2:KHAMANI KALITA
             D/O. RAMANI RAJAN KALITA
            VILL. JOGIPARA BAGDOBA
             DHUPDHARA
             DIST. GOALPARA
            ASSAM.

            3:KAMAL DAS
             S/O. RABEN DAS
            VILL. JOGIPARA
             BAGDOBA
             P/S. DHUPDHARA
             DIST. GOAPARA
            ASSAM

Advocate for the Petitioner   : MS D D ROY,
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Advocate for the Respondent : ,




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

03.01.2025

Heard Ms. D.D. Roy, learned counsel for the appellant.

This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 18.10.2024 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup(M), Guwahati, in MAC Case No.2009/2019. It is to be noted here that vide impugned judgment and award dated 18.10.2024, the learned Tribunal has directed the respondent No.1, Regional Manager, United India Insurance Co. Ltd. to pay a sum of Rs.8,52,708/- being the compensation to the appellant herein.

Perused the memo of appeal and the grounds mentioned therein and also perused the impugned judgment and award dated 18.10.2024.

Admit.

Let notice be issued to the respondents, returnable within 4(four) weeks.

Step be taken by registered post with A/D and also by usual process within a week from today.

Registry shall call for the record from the learned Tribunal.

Later on, Ms. Roy, learned counsel for the appellant submits that the respondent Nos.2 and 3 are the driver and owner of the vehicle and they are not necessary parties here in this appeal and therefore, it is contended to struck off their names from the array of this appeal.

Having considered the submission of the learned counsel for the appellant, the prayer stands allowed.

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The names of the respondent Nos.2 and 3 are struck off from the array of this appeal at the cost and risk of the appellant.

List the matter after 4(four) weeks.

Sd/- Robin Phukan JUDGE

Comparing Assistant