Brojen Hazarika vs United India Insurance Company ...
2023 Latest Caselaw 3341 Gua

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GAHC010186762023




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

                                  Case No. : CRP/124/2023

            BROJEN HAZARIKA
            S/O- LATE KUSHA CHANDRA HAZARIKA, R/O- VILL.- MALABASTI (DUBI),
            P.S./MOUZA- LALUK, P.O. HARMOTI MERBIL, DIST. LAKHIMPUR, ASSAM



            VERSUS

            UNITED INDIA INSURANCE COMPANY LTD AND ANR
            REPRESENTED BY THE BRANCH MANAGER, UNITED INSURANCE
            COMPANY LTD., LAKHIMPUR BRANCH, DIST. LAKHIMPUR, ASSAM

            2:AMAR BISWAS
             (OWNER CUM DRIVER)
             S/O- LATE HARENDRA BISWAS
             R/O- VILL.- GORMUR
             P.S. LALUK
             DIST. LAKHIMPUR
            ASSA

Advocate for the Petitioner   : MS D BORGOHAIN

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

                                            ORDER

25.08.2023 Heard Ms. D. Borgohain, learned counsel for the petitioner.

This is an application filed under Section 115 read with Section 151 of the CPC challenging the order dated 21.07.2023 passed by the learned Member, MACT, Lakhimpur at North Lakhimpur in MACT (Injury) Case No. 01/2022.

After examination of the claimant, the claimant wanted to exhibit some more documents to justify his injuries and expenses incurred by him during the treatment. The MACT refused to allow the claimant to examine those documents.

Ms. Borgohain has relied upon a judgment of the Hon'ble Supreme Court that was rendered in Vimla Devi & Ors. V. National Insurance Company Limited and Ors in support of her submission.

I have considered the submission of Ms. Borgohain.

The provisions relating to payment of compensation in MV Act is a beneficial provision. The Supreme Court has already stated that in such case strict adherence to technicalities of the rules should not be encouraged. Therefore, the impugned order dated 21.07.2023 passed by the learned Member, MACT, Lakhimpur at North Lakhimpur in MACT (Injury) Case No. 01/2022 is set aside.

The Tribunal is directed to allow the petitioner to exhibit the documents in support of his injury and the expenses incurred by him during the medical treatment. After that, the Tribunal shall dispose of the claim petition in accordance with law.

The civil revision petition is disposed of.

JUDGE

Comparing Assistant