Page No.# 1/2 vs Icici Lombard General Insurance Co. ...
2025 Latest Caselaw 6332 Gua

Gauhati High Court

Page No.# 1/2 vs Icici Lombard General Insurance Co. ... on 26 August, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                              Page No.# 1/2

GAHC010234612024




                                                                    2025:GAU-AS:11346

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

                                Case No. : MACApp./601/2024

            ASRUPI @ ASURUPI BEGUM AND ANR
            W/O. LATE CHAFAT ALI

            2: JASMIN BEGUM
             D/O. LATE CHAFAT ALI
             VILL. LOWER MIRZAPUR
             MUSLIMPARA
             P/O. AZARA
             DIST. KAMRUP (M)
             ASSAM
            VERSUS
            ICICI LOMBARD GENERAL INSURANCE CO. LTD. AND 2 ORS
            KAMAKHYA TOWER, G.S. ROAD, CHRISTIAN BASTI, P/O. GUWAHATI-
            781005, DIST. KAMRUP (M), ASSAM.
            2:KORBAN ALI
             S/O. BOCHIR ALI
             VILL. MAHAKUCHI
             P/O. HAJO-781104
             DIST. KAMRUP
             ASSAM.
            3:TAPAN KALITA
             S/O. DILIP KALITA
             VILL.- MANAHCHUKI
             P/O. HAJO
             DIST. KAMRUP
             ASSAM

Advocate for the Petitioner   : MR. A R AGARWALA, MR ADITYA AGARWALA

Advocate for the Respondent : MR. A RAHMAN (R-2,3), MS. M SAIKIA(R-1),MS. P
BORTHAKUR(R-1),MR. R GOSWAMI (R-1)
                                                                               Page No.# 2/2


                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                        ORDER

Date : 26.08.2025

1. Heard Mr. A. R. Agarwala, learned counsel for the appellants. Also heard Mr. R. Goswami, learned counsel for the respondent/ Insurance Company.

2. This Appeal is against the Judgment dated 13.09.2024, passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (Metro), Guwahati in MAC Appeal No.725/2022.

3. The appeal was dismissed for non-examination of an eye witness. Today both sides have agreed that this is a fit case for remand.

4. After hearing learned counsel for both sides, this Court is also of the opinion that this is a fit case for remand.

5. The Tribunal is directed to give one opportunity to the appellants to examine one eye witness and thereafter the Insurance Company shall also be allowed to examine witnesses, after that, the Tribunal shall dispose of the case in accordance with the procedure as laid down by law.

6. With the aforesaid direction, this MAC Appeal stands disposed of.

JUDGE

Comparing Assistant