Jitumani Ahmed vs Branch Manager Natioanl Insurance ...
2025 Latest Caselaw 9058 Gua

Gauhati High Court

Jitumani Ahmed vs Branch Manager Natioanl Insurance ... on 1 December, 2025

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GAHC010006752025




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

                        Case No. : MACApp./382/2025

         JITUMANI AHMED
         S/O. MD. MATLIBALI, R/O. VILL.- NO.1GERIMARI, P/O. AND P/S.
         MANGALDOI,DIST. DARRANG, ASSAM, PIN-784125. PRESENT ADDRESS-
         FATASIL ,DATALPARTA,NATUN BASTI, P/O. DHIRENPARA, P/S.
         FATASILAMBARI, GUWAHATI-781025. REP. BY HIS FATHER MD. MATLIB
         ALI,S/O. LT. FAZAL HOQUE AS NATURAL GUARDIAN PERMANENT
         ADDRESS- VILL.NO.1GERIMARI, P/O. AND P/S. MANGALDOI,DIST.
         DARRANG, ASSAM, PIN-784125



         VERSUS

         BRANCH MANAGER NATIOANL INSURANCE COMPANY LTD AND 2 ORS A
         HOJAI BRANCH OFFICE, CENTRAL GODOWN ROAD, HOJAI, NAGAON,
         ASSAM, PIN-782435

         2:RUNJUN DEVI
         W/O. KESHAB CH. SARMA
          HOUSE NO.238
          KAMAKHYA GATE
          NEAR GUWAHATI NURSERY
          P/S. JALUKBARI
          GUWAHATI
          PIN-781009
          DIST. KAMRUP (M)
         ASSAM.

         3:KESHAB CHANDRA SARMA
          S/O. LT. LILADHAR SARMA
          R/O. H/NO. 238 KAMAKHYA GATE
          NEAR GUWAHATI NURSERY
          P/S. JALUKBARI
          GUWAHATI
                                                                             Page No.# 2/3

              PIN-781009
              DIST. KAMRUP(M)
              ASSAM

Advocate for the Petitioner   : MS. J PAUL,

Advocate for the Respondent : , MS. R D MOZUMDAR(R-1),MS. C MOZUMDAR(R-1),MR. S P
SHARMA (R-1)




                                  BEFORE
              HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

                                              ORDER

Date : 01.12.2025

1. Heard Ms. J Paul, learned counsel for the appellant.

2. This appeal under section 173 of the Motor Vehicles Act, 1988 has been filed against the judgment and Award dated 01.10.2024, passed by the learned Member, MACT No.3, Kamrup (M), Guwahati in MAC case No.1921/2018, whereby the claimant has not been awarded proper and adequate award for future treatment.

3. The learned counsel for the appellant stated that the learned Tribunal in spite of all the medical documents and evidences has not awarded any amount under future treatment. It is also stated that the appellant is still undergoing treatment and it is submitted that the appellant has also submitted various certificates to show that the treatment is continuing but the learned Tribunal did not take these certificates into consideration.

4. It is therefore, prayed that the award may be enhanced adequately taking into account the expenses for the future Page No.# 3/3

treatment of the injured appellant.

5. The appeal is admitted for hearing.

6. Learned counsel Ms. R.D. Mozumder, entered appearance for respondent No.1.

7. A copy of the memo of appeal may be served on the learned counsel for the respondent No.1/National Insurance Company within a week.

8. The appellant shall take steps for service on the respondent Nos.2 & 3 by Speed Post as well as through usual process within one week from today.

9. Call for the Trial Court Records from the court of MACT No.3, Kamrup (M), Guwahati.

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

JUDGE

Comparing Assistant