National Insurance Company Limited vs Arpona Chanda Roy
2025 Latest Caselaw 9065 Gua

Gauhati High Court

National Insurance Company Limited vs Arpona Chanda Roy on 1 December, 2025

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GAHC010055802025




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

                                  Case No. : MACApp./373/2025

            NATIONAL INSURANCE COMPANY LIMITED
            REP BY ITS REGIONAL MANAGER, NORTH EASTERN REGIONAL OFFICE,
            GUWAHATI, KAMRUP METRO, ASSAM



            VERSUS

            ARPONA CHANDA ROY
            W/O DECEASED R/O VILL RADHANAGAR WARD NO. 1 PS JUGIJAN PS
            HOJAI ASSAM



Advocate for the Petitioner   : MR N M DUTTA,

Advocate for the Respondent : ,




                                  BEFORE
              HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

                                           ORDER

Date : 01.12.2025

Heard the learned counsel for the appellant Mr. N.M. Dutta. The present appeal under 173 of the Motor Vehicles Act, 1988 has been filed by the appellant on the ground that the learned Tribunal had failed to take into account the contradiction in the sense that PW 1 and PW Page No.# 2/2

2 contradicted themselves wherein PW 1 had stated that her husband was a rajmistri and on the other hand PW 2 who is the mother of the deceased stated that her deceased son used to work in a private company. Accordingly, the occupation of the deceased has not been proved and the learned Tribunal has committed error by holding that the deceased was a mason at the time of death and thus the judgment is liable to be set aside.

Admit the appeal.

Call for the Trial Court Record from the Motor Accident Claims Tribunal Hojai.

Issue notice.

The appellant shall take steps for service of notice on the respondent Nos. 1 to 6 by speed post as well as by usual process within one week from today.

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

JUDGE

Comparing Assistant