M/S Bajaj Allianz General ... vs Asmina Bibi And Anr
2021 Latest Caselaw 927 Gua

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GAHC010004732017




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                    Case No. : MFA/75/2018

            M/S BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED
            HAVING ITS REGD AND HEAD OFFICE AT GE PLAZA , AIRPORT ROAD,
            NERADA, PUNE 411006 AND NORTH EASTERN REGIONAL OFFICE AT
            SREEJI TOWER, 2ND FLOOR, C GAUHATI TEA WARE HOUSING PVT. LTD.
            ADJACENT TO MAHINDRA SHOWROOM CHRISTAIN BASTI GUWAHATI
            781005 KAMRUP M DISTRICT ASSAM REPRESENTED BY ITS LEGAL
            EXECUTIVE , MS. ODYSSEY BORDOLOI.

            VERSUS

            ASMINA BIBI and ANR
            WIFE OF LATE AMIR UDDIN RESIDENT OF VILLAGE GERAMARI PART V,
            PO GERAMARI 783339, PO GAURIPUR

            2:SMTI JANKI DEVI
            WIFE OF SATYA NARAYAN SINGHR/O 76 BGT ROAD BAGKHAL RISHA
            HOOGLY WEST BENGAL 71224

Advocate for the Petitioner   : MR. P HAZARIKA

Advocate for the Respondent :




                                     BEFORE
                    HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN


                                            ORDER

10-03-2021.

Heard the learned counsel for the appellant.

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The appeal is admitted for hearing on the following two substantial question of law:

(i) Whether the learned Court below was justified for not discussing the aspect whether the claimant is entitled for any compensation due to death of her husband who drove a vehicle without a valid driving license and met with an accident?

(ii) Whether the learned Court below was justified in passing the impugned judgment dated 27.03.2017, imposing liability on the insurance company/indemnifier of the owner of the vehicle in spite of the fact that the deceased/driver of the vehicle did not have any valid driving license at the relevant point of time?

Let the notice be issued to the respondents, by registered post with A/D as well as by way of usual procedure, returnable by six weeks.

Also call for the LCR from the trial Court.

The prayer for interim will be considered on the returnable date.

JUDGE

Comparing Assistant