Citation : 2025 Latest Caselaw 8137 Gua
Judgement Date : 29 October, 2025
Page No.# 1/3
GAHC010044682025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./464/2025
ORIENTAL INSURANCE COMPANY LTD
HAVING ITS REGIONAL OFFICE AT GUWAHATI, G.S. ROA,D ULUBARI,
GUWAHATI-781007, REP. BY THE DEPUTY MANAGER, GUWAHATI
REGIONAL OFFICE, ULUBARI, GUWAHATI, KAMRUP (M), ASSAM, PIN-
781007
VERSUS
REKHA GOGOI AND ORS
W/O. LATE SUNIL GOGOI, R/O. LOHARI KACHARI GAON (THARMAL),
NEAR NAMGHAR, P. O. AND P.S. - TINSUKIA, DISTRICT - TINSUKIA,
ASSAM, PIN - 786125, PRESENT ADDRESS GANESHGURI, NEAR GANESH
MANDIR, GUWAHATI, DISTRICT - KAMRUP (M), ASSAM. PIN - 781006
2:RINKUMONI TAID DOLEY
W/O. SRI RAKESH KUMAR TAID
R/O. DHEMAJI NAGAR
WARD NO. 3
P/O. AND P/S. DHEMAJI
DIST. DHEAJI
ASSAM
PIN-787057.
3:JIBON BORAH
S/O. SRI DHARMESWAR BORAH
R/O. BADHAKARA
P/O. BADHAKARA
P/S. NORTH LAKHIMPUR
ASSAM
PIN-78703
Advocate for the Petitioner : Samujjal Pratim Sharma, MS. R D MOZUMDAR,MS. C
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MOZUMDAR
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
29.10.2025
Heard Ms. R. D. Mazumdar, learned counsel for the appellant.
2. This appeal, under Section 173 of the Motor Vehicles Act, 1988, has been filed by the appellant challenging the judgment and award dated 16.11.2024, passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M), Guwahati in MAC Case No. 300/200.
3. Admit.
4. Issue notice to the respondents, returnable within 4(four) weeks.
5. Ms. Mozumdar, learned counsel for the appellant, submits that respondent Nos. 2 and 3, being the owner and driver respectively, are not necessary parties in this case and, therefore prays for their names to be struck off from the cause title. She also requests that the name of Mr. A. Mannaf, learned counsel for respondent No.1, be reflected in the cause list.
6. The prayer is allowed.
7. The Registry is hereby directed to struck off the names of respondent Nos. 2 and 3 from the cause title and to reflect the name of Mr. A. Mannaf, learned counsel for respondent No.1, in the cause list.
8. Further, the learned counsel for the appellant is directed to serve a copy of Page No.# 3/3
the memo of appeal to respondent No. 1 in person during the course of the day.
9. List the matter after 4(four) weeks.
JUDGE
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