National Insurance Company Ltd vs Mahesh Ch. Ray And 2 Ors
2025 Latest Caselaw 9112 Gua

Gauhati High Court

National Insurance Company Ltd vs Mahesh Ch. Ray And 2 Ors on 8 December, 2025

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GAHC010069202024




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

                                Case No. : MACApp./487/2025

            NATIONAL INSURANCE COMPANY LTD
            HAVING ITS REGISTERED OFFICE AT 3, MIDDLETON STREET, KOLKATA
            AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL
            OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI- 5.



            VERSUS

            MAHESH CH. RAY AND 2 ORS.
            S/O LATE PURNO CH. RAY, VILL.- POKALAGI PT. IV, P.S.- GLOKGANJ, PIN-
            783335, DIST.- DHUBRI, ASSAM.

            2:KHITISH CH. RAY
             S/O JATISH CH. RAY
            VILL.- MODHUSOULMARI PT.-I
             P.S.- GAURIPUR
             PIN- 783331
             DIST.- DHUBRI
            ASSAM.

            3:HASINUR RAHMAN
             S/O HUSSAIN ALI
            VILL.- MODHUSOULMARI PT.-II
             P.S.- GAURIPUR
             PIN- 783331
             DIST.- DHUBRI
            ASSAM

Advocate for the Petitioner   : MR. K K BHATTA, MRS L SHARMA

Advocate for the Respondent : , MD H R AHMED(R-1)
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                                 BEFORE
             HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

                                       ORDER

Date : 08.12.2025

This appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed challenging the judgment and award dated 04.10.2023 passed by the learned Member, MACT Dhubri in MAC Case No.219/2017 directing the appellant/Insurer to pay a sum of Rs. 1,94,000/- with interest @ 7% p.a from the date of filing the case till realization.

Heard the learned counsel for the appellant Mr. K.K. Bhatta. Also heard Mr. H.R. Ahmed, learned counsel for the respondents.

The main ground of appeal is that the learned Tribunal failed to appreciate the fact that the owner/insured could not produce any road permit and fitness certificate and as such imposition of liability to the appellant to pay the award is not sustainable.

Appeal is admitted.

Call for the Trial Court Record from the Court of learned Member, MACT Dhubri.

List the matter after 6(six) weeks.

JUDGE

Comparing Assistant