Pankaj Dutta vs Jay Prakash Singh And 2 Ors
2022 Latest Caselaw 230 Gua

                                                                        Page No.# 1/2

GAHC010099582020




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

                                Case No. : MACApp./62/2021

            PANKAJ DUTTA
            S/O- SRI JITEN DUTTA, R/O- VILL.- NO. 1 MILONPARA, GORCHUK, P.S.
            GORCHUK, DIST.- KMARUP(M), ASSAM, PIN- 781035.



            VERSUS

            JAY PRAKASH SINGH AND 2 ORS.
            S/O- LATE PRASUTTAM SINGH, R/O- H/NO. 5, GOVINDA NAGAR,
            LALGANESH, P.S. FATASHIL AMBARI, GUWAHATI-34, DIST.- KAMRUP(M),
            ASSAM.

            2:MOUSUM GOGOI
             S/O- SRI LAKHYA GOGOI
             R/O- BONTOW
             P.O. MING MANG
             P.S. GOGAMUKH
             DIST.- DHEMAJI
            ASSAM
             PIN- 787035.

            3:M/S. NATIONAL INSURANCE CO. LTD.

             HAVING ITS BRANCH OFFICE AT M.D. ROAD
             BAMUNIMAIDAN
             GUWAHATI-21
             DIST.- KAMRUP(M)
             ASSAM

Advocate for the Petitioner   : MR D MONDAL

Advocate for the Respondent : MR D BHUYAN (R-3)
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                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                            ORDER

Date : 24-01-2022

Heard Mr. D. Mondal, learned counsel for the appellant and Ms. R. Gangawat, learned counsel for the respondent No. 3.

This is an application under Section 173 of the Motor Vehicle Act challenging the judgment and order dated 18.02.2020 passed by the MACT No. 2, Kamrup (M) in MAC Case No. 968/2018.

Four pages long judgment was passed for dismissing the claim of the petitioner. The judgment contains as many as 17 paragraphs. The Tribunal took the pain to write such an elaborate judgment without any evidence, because of that the petitioner/claimant could not adduce evidence before the Tribunal.

It appears from the record that the Tribunal passed the judgment without application of judicial mind. Such a judgment is not sustainable in law. Therefore, the impugned judgment dated 18.02.2020 passed in MAC Case No. 968/2018 is hereby set aside.

The case is remanded to the MACT No. 2, Kamrup (M) for passing a fresh judgment after giving opportunity of being heard to both the sides.

The applicant is directed to appear before the Tribunal on 10.02.2022 for receiving further order(s).

With the above observation and direction, the appeal is disposed of.

JUDGE

Comparing Assistant