Gauhati High Court
New India Assurance Co. Ltd vs Smt. Malaya Bangthai And 3 Ors on 20 September, 2021
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
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GAHC010141472018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./25/2019
NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING,
87,MAHATMA GANDHI ROAD, AND OF THE REGIONAL OFFICE AT GS
ROAD, GUWAHATI
VERSUS
SMT. MALAYA BANGTHAI AND 3 ORS
W/O LATE BADAN BANTHAI,
RESIDENT OF VILLAGE NABAHATIA PO BARKULOI PS JAGIROAD, DIST
MORIGAON, ASSAM
2:SMTI. RINKU MONI BANGTHAI
D/O LATE BADAN BANTHAI
RESIDENT OF VILLAGE NABAHATIA PO BARKULOI PS JAGIROAD
DIST MORIGAON
ASSAM
3:SRI SANTOSH LAHATI
S/O SRI MEGH RAJ LAHATI
RESIDENT OF WARD NO 4
MORIGAON
PO
PS AND DIST MORIGAON
ASSAM
OWNER OF VEHICLE NO AS-01-C-9317
4:SRI BISHU BORDOLOI
S/O LATE D.KR. BORDOLOI
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RESIDENT OF BANPARA
PO DANDUA
DIST MORIGAON ASSAM
DRIVER OF VEHICLE NO AS-01-C-931
Advocate for the Petitioner : MR. K K BHATRA
Advocate for the Respondent : MR. M TALUKDAR
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 20-09-2021 Heard the learned counsel Mr. M. Talukdar appearing for the applicant No. 1/claimant and the learned counsel Mr. D. Mondal for the respondent No. 3/owner. Also heard the learned counsel Mr. R.K. Bhatra appearing for the insurance company.
Mr. Talukdar submits that the original claimant No. 1, Malaya Bangthai has died. Therefore, her name is to be struck off from the Memo of Appeal. She has left only one legal heir Rinku Moni Bangthai, who is already on record. Therefore, the name of claimant No. 1, Malaya Bangthai shall be struck off from the Memo of Appeal.
Mr. Bhatra has submitted that the respondent No. 4, Sri Bishu Bordoloi was the driver of the vehicle and he has also died. Therefore, the name of respondent No. 4 Bishu Bordoloi shall be struck off from the Memo of Appeal.
The LCR has been received.
The matter shall be listed for final hearing after 4 (four) weeks along with I.A. (C) No. 2454 of 19, I.A. (C) No. 104 of 2019 & I.A. (C) No. 2899 of 2019.
JUDGE Comparing Assistant