Page No.# 1/4 GAHC010075132024 2025:GAU-AS:6891 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/154/2024 ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT SHRI SIDDHI VINAYAK GANAPATI MANDIR, ICICI LOMBARD HOUSE 414, P. BALU MARG, SVS ROAD, PRABHADEVI, MUMBAI-400025, ITS ZONAL OFFICE AT 7TH FLOOR, APEEJAY HOUSE, 15, PARK STREET, KOLKATA-700016 AND ITS BRANCH OFFICE AT 3RD FLOOR, KAMAKHYA TOWER, G.S. ROAD, CHRISTIAN BASTI, GUWAHATI-781005 VERSUS IMRAN HUSSAIN AND 2 ORS S/O MUSTI MAIH, R/O VILL- KANDARPA, P.O.-KADONG, P.S.-BARPETA, DIST- BARPETA, ASSAM, PIN-781314 2:SHAHJAHAN ALOM S/O HAZRAT ALI R/O VILL- KALAMPUR P.O.-KADONG P.S.-KALGACHIA DIST-BARPETA ASSAM PIN-781314 3:ABDUL SAMAD S/O MUSTI MIAH R/O VILL- KANDAPARA P.O.-KADONG P.S.-BARPETA DIST- BARPETA ASSAM PIN-78131 Page No.# 2/4 For the petitioner (s) : Mr. T. Kalita, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 28.05.2025 Heard Mr. T. Kalita, the learned counsel appearing on behalf of the petitioner. Mr. T. Uddin, the learned counsel appears on behalf of the respondent No.1 who is the claimant. 2. The present petition has been filed by invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution challenging the orders dated 28.02.2023 and 05.03.2024. 3. It is relevant to take note of that vide the order dated 28.02.2023, the learned Member, Motor Accident Claims Tribunal, Barpeta had decided to proceed ex-parte against the petitioner Insurance Company. Subsequently, the petitioner Insurance Company filed an application for acceptance of the written statement which was rejected vide the order dated 05.03.2024. It is under such circumstances, the present proceedings have been filed. 4. The learned counsel appearing on behalf of the petitioner submitted that earlier the Insurance Company was Bharti AXA General Insurance Company Ltd. The said Insurance Company had Page No.# 3/4 been merged with the petitioner Insurance Company on the basis of the order passed by the Insurance Regulatory and Development Authority of India dated 03.09.2021. 5. It is further relevant to take note of that in the proceedings before the learned Member, Motor Accident Claims Tribunal, Barpeta, the petitioner Insurance Company however has not been made a party. This aspect of the matter was brought to the notice of the learned Tribunal vide the petition dated 05.03.2024 which was rejected. 6. Taking into account that Bharti AXA General Insurance Company Ltd. no longer exists and is merged with the petitioner Insurance Company, it is the opinion of this Court that the learned Member, Motor Accident Claims Tribunal, Barpeta ought to have accepted the written statement so submitted by the petitioner Insurance Company. Additionally, it is also necessary that the learned Tribunal adds the petitioner Insurance Company in the claim proceedings so that an effective Award can be passed. 7. Consequently, this Court therefore interferes with the order dated 05.03.2024 and directs the learned Member, Motor Accident Claims Tribunal, Barpeta to accept the written statement so filed on 05.03.2024 which is already there on record. Additionally, this Court also directs the learned Tribunal to array the petitioner Insurance Company as a party for the reasons above mentioned. 8. This Court further observes and directs that the learned Page No.# 4/4 Member, Motor Accident Claims Tribunal, Barpeta shall upon accepting the said written statement so filed by the petitioner proceed with the disposal of the MAC Case No.436/2020 in accordance with law. 9. This Court further takes note of that vide an order dated 15.05.2024, further proceedings of MAC Case No.436/2020 was stayed. 10. Taking into account that both the parties are duly represented, they are directed to appear before the learned Tribunal on 23.06.2025 for further proceedings of MAC Case No.436/2020. 11. With the above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant