The National Insurance Company Ltd vs Minam Tayeng And 3 Ors
2025 Latest Caselaw 9043 Gua

Gauhati High Court

The National Insurance Company Ltd vs Minam Tayeng And 3 Ors on 1 December, 2025

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GAHC010252772025




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

                         Case No. : MACApp./535/2025

         THE NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET, KOLKATA-
         700071 AND REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH,
         GUWAHATI-5, REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL
         OFFICE, GUWAHATI.



         VERSUS

         MINAM TAYENG AND 3 ORS.
         W/O LT. BUKLOM TAYENG,R/O VILL. MEBO, P.O. P.S. MEBO, EAST SIANG
         DISTRICT, ARUNACHAL PRADESH, PRESENT ADDRESS WARD NO. 25,
         BONGAIGAON, ASSAM. CLAIMANT IN MAC CASE NO. 26/2022

         2:SRI PANKAJ BARUAH
          S/O N. BARUAH
          VILL. DIKHOWMUKHGUAL GAON
          DIKHOWMUKH
          P.S. AND DIST. SIVASAGAR
          ASSAM.
         REGISTERED OWNER OF THE VEHICLE NO. AS-04F-9434 OPP. PARTY NO. 2
         IN MAC CASE NO. 26/2022

         3:MR WAJIB AHMED
          S/O MUNU AHMED

         VILL. NA ALI CHRISTIAN GAON
         P.O. AMGURI GHAT
         P.S. DIST. SIBSAGAR
         ASSAM.
         OWNER OF THE VEHICLE NO. AS-04F-9434 OPP. PARTY NO. 3 IN MAC CASE
         NO. 26/2022
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              4:MR CHANDON KUMBANG
               S/O SHRI MODHURAM KUMBANG
              VILL. OIRAMGHAT
               P.O. P.S. JONAI
               DIST. DHEMAJI. ASSA

Advocate for the Petitioner   : MR. P J BARMAN, MS R TADO

Advocate for the Respondent : ,




                                           BEFORE
                HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER


                                            ORDER

01-12-2025

1. Heard Mr. P.J. Barman, learned counsel for the appellant.

2. The present appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by the appellant challenging the judgment and award dated 20.08.2025 passed by learned Member, MACT, Bongaigaon in MAC Case No. 26/2022.

3. The main ground taken by the appellant is that the date of accident was 01.01.2021, but the FIR was lodged on 01.03.2021 and no GD Entry was also produced by the claimant. However, these grounds were not taken into consideration by the learned Tribunal.

4. It is also stated that in the impugned judgment and award dated 20.08.2025, the learned Tribunal had made observation that the contesting opposite party No. 1, has not adduced any evidence in support of its case, whereas, the fact that the evidence has been adduced by the opposite party No. 1 by examining the concerned Administrative Officer of the Insurance Company. However, the same was also not considered by the learned Tribunal and has come to a finding that the opposite party No. 1 has not adduced Page No.# 3/3

any evidence in support of its case.

5. Admit the appeal.

6. Call for the records of MAC Case No. 26/2022 from the learned MACT, Bongaigaon.

7. Appellant shall take steps for service of notices upon the respondent Nos. 1, 2, 3 & 4 by speed post with A/D as well as by usual process within a period of 1 week from today.

8. List this matter after 6 (six) weeks, on a date to be fixed by the Registry.

JUDGE

Comparing Assistant