Gauhati High Court
Abdul Awal @ Auwal And 3 Ors vs M/S United India Insurance Co. Ltd And 2 ... on 10 June, 2019
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/3
GAHC010263082018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp. 989/2018
1:ABDUL AWAL @ AUWAL AND 3 ORS
S/O ABDUL MALIK,
RESIDENT OF NO.1 JAINAGAR, PS DHEKIAJULI,
DIST SONITPUR, ASSAM,
2: SAFI ALAM
S/O ABDUL AWAL @ AUWAL
RESIDENT OF NO.1 JAINAGAR
PS DHEKIAJULI
DIST SONITPUR
ASSAM
TO BE REPRESENTED BY HIS FATHER APPELLANT NO. 1
3: MISS ALFINA ALAM
D/O ABDUL AWAL @ AUWAL
RESIDENT OF NO.1 JAINAGAR
PS DHEKIAJULI
DIST SONITPUR
ASSAM
TO BE REPRESENTED BY HERFATHER APPELLANT NO. 1
4: SIMRAN ALAM
D/O ABDUL AWAL @ AUWAL
RESIDENT OF NO.1 JAINAGAR
PS DHEKIAJULI
DIST SONITPUR
ASSAM
TO BE REPRESENTED BY HERFATHER APPELLANT NO.
VERSUS
1:M/S UNITED INDIA INSURANCE CO. LTD AND 2 ORS
REGIONAL OFFICE GS ROAD, GUWAHATI, DIST KAMRUP M ASSAM 781005
INSURER OF THE OFFENDING VEHICLE,
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2:SRI TUSHAR KANTI SAHA
S/O MR. MATU RANJAN SAHA
RESIDENT OF LL PATH AMBAGAN
PS TEZPUR
DIST SONITPUR
ASSAM
784001 OWNER OF THE OFFENDING VEHICLE
3:SRI SHYAMAL KANTI SAHA
S/O LATE PIYUSH KANTI SAHA
RESIDENT OF LL PATH AMBAGAN
PS TEZPUR
DIST SONITPUR
ASSAM
784001 DRIVER OF THE OFFENDING VEHICL
Advocate for the Petitioner : MR. S SINGH
Advocate for the Respondent : MR SISHIR DUTTA (R1)
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 10-06-2019 Heard Mr. A Bhattacharya, learned counsel for the appellants and Ms. M Gazloo, learned counsel for respondent No.1.
Learned counsel for the appellant submits that the quantum of award is in the challenge in the present appeal.
The learned counsel for the appellant prays for striking out the names of the respondent Nos.2 & 3 from the cause title as the respondent Nos.2 & 3 are not necessary parties being the owner and the driver of the offending vehicle.
The prayer not being objected to by the learned counsel for respondent No.1, stands allowed.
Registry may strike out the name of the respondent Nos.2 & 3 at the risk of the appellant.
As the LCR is already received, list the matter on 20th June, 2019 for hearing.
JUDGE Page No.# 3/3 Smita Comparing Assistant