Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 10887 (GAU)

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED v. SMT HAMIDA SIKDAR AND 7 OTHERS

I.A.(Civil)/1229/2025 · 2025-05-20

Devashis Baruah

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010079542025 2025:GAU-AS:6451 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1229/2025 BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED AJ ALLIANZ GENERAL INSURANCE COMPANY LTD. Address - HAVING ITS REGISTERED AND HEAD OFFICE AT GE PLAZA, AIRPORT ROAD, NERADA, PUNE-411006 AND NORTH ESTERN REGIONAL OFFICE AT SREEJI TOWER, 2ND FLOOR, C/O. GAUHATI TEA WAREHOUSING PVT. LTD., ADJACENT TO MAHINDRA SHOWROOM, CHRISTIAN BASTI, GUWAHATI, PIN-781005, KAMRUP (M), ASSAM. (REP. BY ITS HUB-IN-CHARGE, APPEAL AND SPECALISED CLAIMS DEPARTMENT, MR. NAYAN CHOUDHURY). VERSUS SMT HAMIDA SIKDAR AND 7 OTHERS W/O. LATE HASHEEM ALI 2:JERIFA HABIB RUNA D/O. LATE HASHEEM ALI 3:SHARIFA HABIB RUBI D/O. LATE HASHEEM ALI 4:HABIB REKIBUZ ZAMAN S/O. LATE HASHEEM ALI. ALL ARE R/O. VILL. BANIARAPARA P/O. GAREMARI P/S. BARPETA DIST. BARPETA ASSAM PIN-782314. PRESENTLY RESIDING AT LAKHIMINAGAR HATIGAON P/S. HATIGAON KAMRUP(M) Page No.# 2/3 ASSAM PIN-781038. 5:SUYAL SINGH BASUMATARY S/O. KHAGEN BASUMATARY R/O. SALBARI P/S. SALBARI DIST. BAKSA BTAD ASSAM PIN-781320. 6:KHEM NATH ADHIKARY S/O. LATE NANDA LAL ADHIKARY R/O. DHIRUMAL ANANDA NAGAR FLAT NO. Q1 GUWAHATI DIST. KAMRUP(M) ASSAM. 7:RABIA KHATUN W/O. MAHAMMAD ALI 8:MAHAMMAD ALI S/O. LATE PANDIT ALI. BOTH ARE R/O. VILL. BANIARAPARA P/O. GAREMARI P/S. BARPETA DIST. BARPETA ASSAM PIN-782314 Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : MR. A T SARKAR, BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 21.05.2025 This is an application filed for correction of an inadvertent error in the order dated 19.03.2025, whereby this Court had directed for striking out the names of the respondent Page No.# 3/3 Nos. 5 to 8. 2. Mr T Kalita, the learned counsel appearing on behalf of the applicant, submitted that the respondent Nos. 7 and 8 are required for proper adjudication of the instant appeal, as they are the parents of the victim. 3. Taking into account the above, this Court, therefore, corrects the order dated 19.03.2025, more particularly, at Paragraph No. 2, wherein, this Court had observed that the names of respondent Nos. 5 to 8, be struck off. This Court modifies the said sentence in Paragraph No. 2, by observing that the names of the respondent Nos. 5 and 6, be struck off. However, as regards the respondent Nos. 7 and 8, the applicant would take steps by way of registered post with A/D as well as usual process. 4. The instant order be read as part of the order dated 19.03.2025. 5. This Court, further observes that the applicant/appellant shall file a fresh memo of parties, by striking out the names of the respondent Nos. 5 and 6, within 7 (seven) days. 6. Interlocutory Application stands allowed. JUDGE Comparing Assistant