Page No.# 1/3 vs The State Of Assam And 2 Ors
2025 Latest Caselaw 2045 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 2 Ors on 6 August, 2025

                                                                          Page No.# 1/3

GAHC010168392025




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

                                Case No. : MACApp./324/2025

            KUNTI BALA DAS AND ANR.
            M/O. LT. CHIRANJIT DAS

            2: NIMAI CHANDRA DAS @ NIMAL CH. DAS
             F/O. LT. CHIRANJIT DA

            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REP. BY SECRETARY, DEPARTMENT OF TRANSPORT, DISPUR, GUWAHATI,
            PIN-781006.

            2:MANAGING DIRECTOR
            ASSAM URBAN TRANSPORT CORPORATION
             PALTAN BAZAR
             GUWAHATI-781008
             DIST. KAMRUP (M)

            3:PRADIP KALITA
             S/O. DUKHU KALITA
             R/O. JAPIA
             P/O. JAPIA
             P/S. HAJO
             DIST. KAMRUP
            ASSAM
             PIN-78138

Advocate for the Petitioner   : MR. A BHATTACHARYYA, MR. S SINGH

Advocate for the Respondent : SC, TRANSPORT DEPARTMENT, ASSAM,
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                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                       ORDER

08.06.2025 Heard Mr. A. Bhattacharyya, learned counsel for the appellants and Ms. M. D. Bora, learned counsel for the respondent No. 1.

This appeal, under Section 173 of the MV Act, 1988 is directed against the Judgment and Award dated 02.05.2025, passed by the learned Member, Motor Accidents Claims Tribunal No. 2, Kamrup (M), Guwahati, in MAC Case No. 595/2023.

It is to be noted here that vide impugned Judgment and Award dated 02.05.2025, the learned Member, Motor Accidents Claims Tribunal No. 2, Kamrup (M), Guwahati, has directed the respondent No. 1 herein, to pay a sum of Rs. 17,08,477.22/-, being the compensation to the appellants.

Perused the memo of appeal and the grounds mentioned therein and also perused the impugned Judgment and Award dated 02.05.2025.

Admit.

Issue Notice to the respondents, returnable in 4 (four) weeks.

Steps upon the respondent Nos. 2 & 3 be taken by a registered post with A/D and also by usual process, within a week from today.

No formal notice is required to be issued to the respondent No. 1, as Ms. M. D. Bora, learned Standing Counsel for the respondent No. 1 has entered appearance and received notice. However, extra requisite copy of the petition be furnished to her during the course of the day.

Ms. Bora, learned Standing Counsel for the respondent No. 1 pointed out that the vehicle belongs to the respondent No. 2 and the respondent No. 1 has nothing to do with the same. But, vide impugned Judgment and Award dated 02.05.2025, the Page No.# 3/3

learned Tribunal has directed the respondent No. 1 to pay the compensation amount.

Ms. Bora further submits that the respondent No. 1 is a formal party and she may be granted liberty to raise the issue before the learned Tribunal.

Taking note of the submissions made by the learned counsels for both the parties, it is provided that pendency of this appeal shall not be a bar in raising the issue by the respondent No. 1 before the learned Tribunal.

List this matter after 4 (four) weeks.

JUDGE

Comparing Assistant