Page No.# 1/3 vs Sunam Ali And 2 Ors
2022 Latest Caselaw 3538 Gua

                                                                  Page No.# 1/3

GAHC010171902020




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

                          Case No. : MACApp./697/2022

         ROKIA BIBI AND 4 ORS.
         W/O- LATE DARBECH ALI, R/O- VILL.- SHICHAPITH, P.O. BHALUKKATA,
         P.S. BOKO, DIST.- KAMRUP(R), ASSAM

         2: MD. MAINUL ALI
          S/O- LATE DARBECH ALI
          R/O- VILL.- SHICHAPITH
          P.O. BHALUKKATA
          P.S. BOKO
          DIST.- KAMRUP(R)
         ASSAM

         3: MD. RAMJAN ALI
          S/O- LATE DARBECH ALI
          R/O- VILL.- SHICHAPITH
          P.O. BHALUKKATA
          P.S. BOKO
          DIST.- KAMRUP(R)
         ASSAM (APPELLANT BEING MINOR REP. BY APPELLANT NO.1 AS
         MOTHER).

         4: JASMINA BEGUM
          D/O- LATE DARBECH ALI
          R/O- VILL.- SHICHAPITH
          P.O. BHALUKKATA
          P.S. BOKO
          DIST.- KAMRUP(R)
         ASSAM (APPELLANT BEING MINOR REP. BY APPELLANT NO.1 AS
         MOTHER).

         5: CHENIMALA BIBI
          R/O- VILL.- SHICHAPITH
          P.O. BHALUKKATA
          P.S. BOKO
                                                                        Page No.# 2/3

             DIST.- KAMRUP(R)
             ASSA

            VERSUS

            SUNAM ALI AND 2 ORS.
            S/O- KITAB ALI, R/O- VILL.- SATGAON, GUWAHATI, DIST.- KAMRUP,
            ASSAM, PIN- 781027.

            2:AZAHAR ALI
             S/O- INTAZ ALI
             R/O- MANGALDOI
             P.S. MANGALDOI
             DIST.- DARRANG
            ASSAM
             PIN- 784125.

            3:M/S. UNITED INDIA INSURANCE CO. LTD.

             REP. BY ITS REGIONAL MANAGER KHARUPETIA MICRO OFFICE BRANCH

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent : MR. A DUTTA

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

14.09.2022

Heard Mr. S. K. Goswami, the learned counsel for the appellants and Mr. A. Dutta, the learned counsel for the respondent No.3.

Taking into consideration the order which this Court proposes to pass, the appearance of the respondent Nos. 1 & 2 may not be necessary.

A perusal of the impugned judgment and award dated 07.05.2019 passed in MAC Case No.1559/2015 by the learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M), Guwahati would show that the court Page No.# 3/3

below had dismissed the claim petition on the ground that the claimant had not impleaded the owner and driver as well as the insurance company of the truck bearing Registration No.AS-14C-1584.

Taking into consideration that the provisions of Section 168 of the Motor Vehicles Act, 1988 which is a benevolent legislation and further taking into consideration the judgment of the Supreme Court rendered in the case of Khenyei vs. New India Assurance Company Limited and Others, reported in (2015) 9 SCC 273, this Court sets aside the said judgment and award dated 07.05.2019 with a direction to the learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M), Guwahati to adjudicate the said claim proceedings by taking into consideration the above judgment of the Supreme Court rendered in the case of Khenyei (supra) as well as also implead the owner, driver and the concerned insurance company of the truck bearing Registration No.AS-14C-1584.

In view of the above, the instant appeal stands allowed to the extent indicated above.

JUDGE

Comparing Assistant