Md. Ashuk Ahmed @ Asuk Ahmed vs The United India Insurance Co. ...
2022 Latest Caselaw 2823 Gua

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GAHC010028652016




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

                                  Case No. : CRP/404/2016

            MD. ASHUK AHMED @ ASUK AHMED
            S/O MD. ABDUL HAQUE, VILL. ROSULPUR, P.O. BHANGA BAZAR, P.S.
            BADARPUR, DIST- KARIMGANJ, ASSAM



            VERSUS

            THE UNITED INDIA INSURANCE CO. LTD. and 3 ORS.
            REP. BY THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE CO.
            LTD., SILCHAR DIVISIONAL OFFICE, SHYMAPRASAD ROAD, P.O.
            SILCHAR-1, DIST- CACHAR, ASSAM

            2:MEMBER
             MOTOR ACCIDENT CLAIMS TRIBUNAL
             CACHAR AT SILCHAR
            ASSAM
             PIN-788001

            4:KANAK GOSWAMI
             S/O SRI KANULAL GOSWAMI
            VILL. MIRZAPUR
             P.S. BADARPUR
             DIST- KARIMGANJ
            ASSAM
             PIN-78870

Advocate for the Petitioner   : MS.D KALITA

Advocate for the Respondent : MR.C SHARMAR-1
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                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 08-08-2022

Heard Mr. M Talukdar, the learned counsel appearing on behalf of the petitioner and Ms. M Choudhury, learned counsel appearing on behalf of the respondent No.1.

This is an application under Article 227 of the Constitution challenging the order dated 12.05.2016, passed by the Member MACT, Silchar whereby the tribunal below returned the claim petition on the ground of lack of territorial jurisdiction.

On a specific query being made to the learned counsel for the respondent No.1, as to whether the respondent No.1 has a Divisional Office out there at Silchar, the learned counsel for the respondent No.1 with all condour submits that the respondent No.1 Company have a Divisional Office at Silchar.

Taking into account the judgment of the Supreme Court rendered in the case of Malati Sardar Vs. National Insurance Company Limited reported in (2016) 3 SCC 43 and more particularly, paragraph No.16 of the said judgment, this Court is of the opinion that the Court below had erred in exercise of jurisdiction in returning the claim petition vide the impugned order dated 12.05.2016 for which the same is set aside.

Consequently, the claim petition is restored to the file of Court of MACT, Silchar.

As the parties are duly represented before this Court, this Court Page No.# 3/3

directs the parties to appear before the Member MACT, Silchar on 19.09.2022 on which date the tribunal below on the basis of the instant order shall proceed with the adjudication of the claim proceedings in accordance with law.

The petition stands disposed of.

JUDGE

Comparing Assistant