Gauhati High Court
Oriental Insurance Company ... vs Md Meher Ali And 2 Ors on 18 November, 2021
Page No.# 1/4
GAHC010139212016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./840/2018
ORIENTAL INSURANCE COMPANY LIMITED
A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES
ACT, 1956 HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27
ASAF ALI ROAD, NEW DELHI-2 WITH ONE OF ITS REGIONAL OFFICE AT
G.S. ROAD, ULUBARI, GUWAHATI-7, REPRESENTED BY ITS REGIONAL
MANAGER.
VERSUS
MD MEHER ALI and 2 ORS
S/O MD. TAYEB ALI, R/O VILL. BORTOLA (KAPLABPRI), P.S. MUKALMUA,
DIST.NALBARI, ASSAM, PRESENTLY RESIDING AT GANDHIBASTI,
LALMATI, GUWAHATI-3
3:ABANI BAISHYA
S/O SRI DAVIRAM BAISHYA
VILL. and P.O. JAGARA
P.S. and DIST. NALBARI
ASSAM
Advocate for the Petitioner : MR. R C PAUL
Advocate for the Respondent : MD. A MATLIB (R
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BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 18-11-2021
Heard Mr. R.C. Paul, the learned counsel appearing for the appellant.
Also heard Mr. R. Dhar, the learned counsel appearing for the Respondent.
This is an appeal u/s 173 of the Motor Vehicle Act, 1988, whereby the
legality and propriety of the judgment and award dated 21.07.2015, passed by the
MACT No. 1 Kamrup, Guwahati in MAC Case No. 05/2007 is under challenge.
On 12.12.2006, at about 11.30 am, a vehicle bearing registration no. AS-
01-x/4903, knocked down the deceased from the back side, as a result of which,
she sustained serious injuries and on the next day i.e on 13.12.2006, she expired.
The claim petition was filed seeking a compensation of Rs. 5,00,000/-.
The appellant/Insurance Company contested the claim petition by filing a
written statement claiming that the vehicle did not have a valid insurance policy,
valid driving license of the driver and also did not have effective registration
certificate/permit.
During the hearing of the claim, the learned Tribunal framed tow Issues as
under:
1. Whether the deceased, Manikjan Khatun @ Mirza Begum, died as a
result of the alleged road accident dated 12.12.2006 involving vehicle no.
AS-01/X-4903(Savari Car) and whether the said accident took place due
to rash and negligent driving by the driver of the said vehicle?
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2. Whether the claimant is entitled to receive any compensation and if
yes, to what extent and by whom amongst the opposite parties, the said
compensation amount is payable?
Mr. Paul submits that on the date of the accident the offending vehicle did
not have the necessary permit.
Per contra Mr. Dhar submits that the appellant Insurance Company did not
examined any witnesses to prove their case, though the Insurance Company was
given ample opportunity to adduce evidence.
I have given my anxious consideration to the submission made by the
leaned counsels of both sides.
This is an old pending case even then this Court is of the opinion that non
framing of the relevant Issues causes injustice to everybody. The Motor Accident
Claims Tribunals are guided by the spirit of the Code of Civil Procedure, 1908. Law
says that Issues arise when a material proposition of fact or law is affirmed by one
party and denied by the other. Material propositions are those propositions of law
or fact, which a plaintiff must allege in order to show a right to sue or a defendant
must allege in order to constitute his defence (see order 24 rule 1 of the CPC).
Therefore, the Issues are the foundation on the basis of which a judicial
pronouncement is based. In the case in hand, the appellant pleaded in the written
statement that the offending vehicle did not have the permit on the day of the
accident. Therefore, such Issues as to whether there was any valid permit of the
offending vehicle on the day of the accident should have been framed.
Even if this is a long pending case, this Court is of the opinion that the
only way left now is to remand the matter to the Tribunal for framing the aforesaid
Issues and to pass a fresh judgment on all Issues, after giving opportunity of being
heard to each of the parties.
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This Court hereby directs that the appellant to appear before the Tribunal
on 15.12.2021. The claimants/respondents shall produce their witnesses for the
purpose of cross-examination by the appellant Insurance Company. It is further
directed that within 31.01.2022, the Tribunal shall finally disposed of the case.
With the aforesaid observations, the impugned judgment dated
21.07.2015, passed by the MACT No. 1 Kamrup, Guwahati in MAC Case No.
05/2007 is set aside.
The LCR shall be immediately returned to the Tribunal.
JUDGE
Comparing Assistant
