United India Insurance Company ... vs Smti. Bina Nath And 2 Ors
2021 Latest Caselaw 2159 Gua

                                                                     Page No.# 1/2

GAHC010132222021




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

                                Case No. : MACApp./193/2021

            UNITED INDIA INSURANCE COMPANY LIMITED
            HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD,
            CHENNAI-600014 AND ONE OF THE REGIONAL OFFICE AT M.S.S. PATH,
            G.S. ROAD, DISPUR, GUWAHATI- 781005.


            VERSUS

            SMTI. BINA NATH AND 2 ORS.
            W/O- LATE MAHENDRA PATHAK, PERMANENT R/O- VILL.- GUAGACHA,
            P.S. BARPETA ROAD, DIST.- BARPETA, ASSAM, PIN- 781315.

            2:MD. MUZAMMEL SIKDER
             S/O- LATE AJAGAR SIKDAR
             R/O- VILL.- KOKARPER
             P.S. SARTHEBARI
             DIST.- BARPETA
            ASSAM
             PPIN- 781307.

            3:MD. JANAB ALI
             S/O- NAJIRA ALI
             R/O- VILL.- GADESHALI PAM
             P.O. PACHIM MAZDIA
             DIST.- BARPETA
            ASSAM
             PIN- 781305

Advocate for the Petitioner   : MR. A J SAIKIA

Advocate for the Respondent :
                                                                               Page No.# 2/2


                                     BEFORE
                      HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

Date : 10.09.2021 Heard Mr. A. J. Saikia, learned counsel for the appellant/Insurance Company.

This statutory appeal has been filed by the Insurance Company being aggrieved by the Judgment dated 28.05.2021 passed in MAC Case No. 753/2017 by the Court of Motor Accident Claims Tribunal No. 1, Kamrup(M), Guwahati.

The learned counsel for the appellant submits that the rider of the motorcycle was a victim, who did not possess the valid license and the evidence to that effect was led before the Tribunal. That apart, the owner of the motorcycle, namely, the respondent No. 2 had also knowledge that the victim did not have valid driving license.

The learned counsel for the appellant submits that the Tribunal did not consider this aspect while awarding the compensation and therefore, being aggrieved the present application has been filed.

The statutory deposit of Rs.25,000/- has also been made before the Registry of this High Court.

Upon hearing the learned counsel for the appellant and upon perusal of the appeal memo, let the appeal be admitted.

Steps be taken by registered post with A/D as well as by usual process with 7(seven) days from today.

JUDGE

Comparing Assistant