National Insurance Company Ltd vs Vanlalpeka And 2 Ors
2021 Latest Caselaw 2122 Gua

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GAHC010080552021




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

                                Case No. : MACApp./183/2021

            NATIONAL INSURANCE COMPANY LTD.
            HAVING ITS REGISTERED AND HEAD OFFICE AT 3, MIDDLETON STREET,
            KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S. ROAD,
            GUWAHATI- 781005, REP. BY THE CHIEF REGIONAL MANAGER,
            GUWAHATI REGIONAL OFFICE.



            VERSUS

            VANLALPEKA AND 2 ORS.
            S/O- JANARDHAN, R/O- BANGLA VENG, P.S. KAWPUI, P.S. KAWPUI, DIST.-
            KOLASIB, MIZORAM, PIN- 796070 AND PRESENT ADDRESS- VILL.-
            DHOLAI, P.S. DHOLAI, DIST.- CACHAR, ASSAM, PIN- 788114.

            2:ZAWMMAWIA
             S/O- VANLALTHANGA
             R/O- VILL.- VENGLAI
             DIST.- KOLASIB
             MIZORAM
             PIN- 796012.

            3:LALRINNGHETA
             S/O- LALZIKA
             R/O- VILL.- VENGLAI
             DIST.- KOLASIB
             MIZORAM
             PIN- 796012

Advocate for the Petitioner   : MR T KALITA

Advocate for the Respondent :
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                              BEFORE
               HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                  ORDER

Date : 09.09.2021 Heard Mr. T. kalita, learned counsel for the appellant. This is a statutory appeal filed by the insurance company being aggrieved by the Judgment dated 28.01.2021 passed in MAC Case No. 04/2014 by the learned Member, Motor Accident Claims Tribunal Cachar at Silchar.

By the impugned judgment the claimant has been awarded compensation including interest of Rs.5,86,574/ (Rupees five lakhs eighty six thousand five hundred seventy four) only. The learned counsel for the appellant submits that there was evidence adduced before the Tribunal to the effect that the vehicle involved in the accident is not a passenger vehicle but a goods carriage and the claimant was not an authorized passenger of the vehicle when the vehicle met with an accident.

That apart the learned counsel for the appellant submits that only the driver of the vehicle was insured but he is not the claimant.

The learned counsel for the appellant has been heard. Grounds urged in the Appeal Memo has also been duly perused.

It is seen that the statutory deposit of Rs.25,000/- (Rupees twenty five thousand) only is also made by the appellant before the Registry of the Court. However, the same Page No.# 3/3

not being available in the case record, the Registry is to verify and make necessary endorsements accordingly.

Admit the appeal. Call for the records of MAC Case No. 04/2014 from the learned Member, Motor Accident Claims Tribunal Cachar at Silchar.

The steps on the respondent be taken by usual course and by Registered Post with A/D within a period of 7(seven) days from today.

List after service of Notice.

JUDGE

Comparing Assistant