Page No.# 1/3 vs Anima Kalita And 3 Ors
2024 Latest Caselaw 3852 Gua

Gauhati High Court

Page No.# 1/3 vs Anima Kalita And 3 Ors on 3 June, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                     Page No.# 1/3

GAHC010107192024




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

                            Case No. : MACApp./238/2024

         ORIENTAL INSURANCE COMPANY LTD
         (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT
         GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI- 781007, REP. BY THE
         DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI-
         781007.



         VERSUS

         ANIMA KALITA AND 3 ORS.
         W/O LATE RAMANI DEKA,
         VILL.- AGDALA, P.O. AND P.S.- BAIHATA CHARIALI, DIST.- KAMRUP (R),
         ASSAM, PIN- 781381.
         PRESENT ADDRESS-
         C/O R.C. SUT,
         R/O SILPUKHURI, KARNACHAL, GUWAHATI, P.O.- SILPUKHURI, DIST.-
         KAMRUP (M), ASSAM, PIN- 781003.

         2:NIKU KALITA
         W/O LATE RAMANI DEKA

         VILL.- AGDALA
         P.O. AND P.S.- BAIHATA CHARIALI
         DIST.- KAMRUP (R)
         ASSAM
         PIN- 781381.
         PRESENT ADDRESS-
         C/O R.C. SUT

         R/O SILPUKHURI
         KARNACHAL
         GUWAHATI
         P.O.- SILPUKHURI
                                                                        Page No.# 2/3

             DIST.- KAMRUP (M)
             ASSAM
             PIN- 781003.
            (REP. BY RESPONDENT NO. 1).

            3:ASHOKULLAH
             S/O LATE ABDUL RAHIM

            VILL.- BASHBERA
            MISSAMARI
            P.O. AND P.S.- BASHBERA
            DIST.- SONITPUR
            ASSAM
            PIN- 784506.

            4:SAIDUL ISLAM
             S/O MUSLEMUDDIN

            VILL.- DIGHALDOI
            P.O.- BASHBERA
            DIST.- SONITPUR
            ASSAM
            PIN- 784506

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

03.06.2024 Heard Ms. RD Mozumdar, learned counsel for the appellant, who has preferred this appeal under Section 173 of the Motor Vehicle Act, 1988 against the judgment and award dated 28.02.2024 passed by the learned MACT No. 1, Kamrup (M) in MAC Case No. 1404/2017. By the said judgment, an amount of Rs.14,95,200/- along with interest has been awarded in a death case.

2. The ground of appeal have been structured that the liability should have Page No.# 3/3

been saddled not on the Insurance Company but also on the owner of the vehicle inasmuch as, there were findings regarding violation of the policy conditions. Further grounds have been raised on the quantum of the amount. It is also contended that the learned Tribunal would not have the jurisdiction and power to make an observation regarding pay and recovery which has been seen to be exercised by the Hon'ble Supreme Court in terms of Article 142 of the Constitution of India.

3. Admit.

4. Call for the records.

5. Let notice upon the respondents be issued by usual course as well as by registered post with A/D. Steps within three days.

6. List after 6(six) weeks.

JUDGE

Comparing Assistant