National Insurance Company Ltd vs Sipra Rani Das Alias Sipra Rani Das ...
2025 Latest Caselaw 9183 Gua

Gauhati High Court

National Insurance Company Ltd vs Sipra Rani Das Alias Sipra Rani Das ... on 10 December, 2025

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GAHC010190652025




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

                         Case No. : MACApp./481/2025

         NATIONAL INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
         STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S.
         ROAD, GUWAHATI-781005 REP. BY THE CHIEF REGIONAL MANAGER,
         GUWAHATI REGIONAL OFFICE



         VERSUS

         SIPRA RANI DAS ALIAS SIPRA RANI DAS CHOUDHYURY AND ORS
         W/O. LT. KUKIL DAS CHODHURY

         2:ANAMIKA DAS CHOUDHURY
          D/O. LT. KUKIL DAS CHODHURY

         3:SUNUKA RANI CHOUDHURY
         W/O NIRMAL DAS CHOUDHURY

         4:NIRMAL DAS CHOUDHURY
          S/O. LT. RAMESWAR DAS
         ALL ARE R/O. VILL.- FAKUAGRAM
          P/O. FAKUAGRAM
          P/S. RAM KRISHNA NAGAR
          DIST. SRIBHUMI
          ASSAM
          PIN-788723
         (RESPONDENT NO. 2 BEING MINOR IS REP. BY THE RESPONDENT NO. 1)

         5:GOUR CHANDRA DAS
          S/O. LT. JAHAR LAL DAS
          R/O. VILL.- FAKUAGRAM
          P/O. FAKUAGRAM
          P/S. RAM KRISHNA NAGAR
                                                                          Page No.# 2/3

             DIST. SRIBHUMI
             ASSAM
             PIN-78872

Advocate for the Petitioner   : Tridib Kalita, MR. A KAKATI

Advocate for the Respondent : ,




                                  BEFORE
              HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

                                           ORDER

Date : 10.12.2025 This appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred challenging the judgment and award dated 27.02.2025 passed by the learned Member, MACT Cachar at Silchar in MAC Case No.1329/2016.

Heard the learned counsel for the appellant Mr. T. Kalita The main ground taken by the appellant in the present appeal is that the claim petition was filed under section 163 A of the M.V. Act. However, the income of the deceased was shown as Rs.20,000/- p.m therefore, the application under section 163 of the M.V. Act could not have been maintainble. It is furtherstated that the instant case did not relate to any accidental death arising out of the use of the vehicle inasmuch as the deceased was shot by some miscreant and criminal petition has been filed in respect of the said case under section 341/302/396/427 of the IPC r/w section25(1a)/27 of the Arms Act and charge-sheet has already been filed in the said case. Another ground taken by the appellant is that inspite of the fact that the writ petition was filed under section 163 A of the M.V. Act, the Page No.# 3/3

Tribunal had awarded Rs. 5,00,000/- lakhs by the impugned judgment and order. Being aggrieved, the appellant has preferred this appeal.

Issue notice to the respondents returnable within 6(six) weeks. The appellant shall take steps for service of notice on the respondents by usual process as well as by speed post document within one week from today.

The appeal is admitted.

Call for the Trial Court Record from the Court of learned Member, MACT Cachar at Silchar.

List the matter after 6(six) weeks.

JUDGE

Comparing Assistant