The National Insurance Company Ltd vs Ruma Mazumdar And 2 Ors. E
2025 Latest Caselaw 9057 Gua

Gauhati High Court

The National Insurance Company Ltd vs Ruma Mazumdar And 2 Ors. E on 1 December, 2025

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GAHC010188362020




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

                            Case No. : MACApp./381/2025

         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, REP. BY ITS REGIONAL MANAGER, REGIONAL OFFICE,
         GUWAHATI.



         VERSUS

         RUMA MAZUMDAR AND 2 ORS. E
         W/O- LATE GAUTAM MAZUMDAR, R/O- VILL.- JORANGDISHA NO. 1, P.O.
         AND P.S. LUMDING, DIST.- HOJAI, ASSAM.

         2:BANTI DEY
          S/o LATE BABUL CHANDRA DEY
         R/o VILLAGE JORANGDISHA No. 8
         NEAR LUMDING BAZAR
         P.O/P.S. LUMDING
         DIST-HOJAI
         ASSAM

         3:SAURAV MAZUMDER
          S/O LATE GAUTAM MAZUMDER
         R/O VILLAGE JORANGDISHA NO. 1
          NEAR KALI MANDIR

         P.O/P.S. LUMDING
         DIST-HOJAI
         ASSAM

         4:MISS SAGARIKA MAZUMDER
          D/O LATE GAUTAM MAZUMDER
         R/O VILLAGE JORANGDISHA NO. 1
                                                                           Page No.# 2/3

             NEAR KALI MANDIR

             P.O/P.S. LUMDING
             DIST-HOJAI
             ASSA

Advocate for the Petitioner   : MR. A DUTTA, MRS. P M DUTTA,MRS. D DAS BARMAN,MS. P
CHUTIA

Advocate for the Respondent : , MR. H A TALUKDAR (R-1),MD E AHMED (R-1)




                                  BEFORE
              HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

                                         ORDER

Date : 01.12.2025

1. Heard Mrs. D Das Barman, learned counsel for the appellants.

2. This appeal under section 173 of the Motor Vehicles Act, 1988 has been filed against the judgment and Award dated 21.11.2019 passed by the learned Addl. Dist & Sessions Judge (FT) Court, Hojai in MAC Case No.569/2016.

3. The main ground taken by the appellant is that the deceased husband of the respondent No.1/claimant was himself driving the offending vehicle which was a private car at the relevant time of the accident and further the Insurance Policy was a package policy and the deceased victim was not a paid driver but he was an independent businessman having his own business.

4. It is further stated that the deceased husband of the respondent No.1/claimant was driving the offending vehicle and accordingly, he stepped into the shoes of the owner of the offending Page No.# 3/3

vehicle and as such, he was entitled to PA Cover only.

5. Admit the appeal.

6. Call for the records of the Trial Court from the court of Addl. Dist & Sessions Judge, (FT) Court, Hojai.

7. Service is complete, however, none appears for the respondents today when the matter was called.

8. List this matter after six weeks on a date to be fixed by the registry.

JUDGE

Comparing Assistant