Page No.# 1/3 vs The Branch Manager And Anr
2025 Latest Caselaw 9208 Gua

Gauhati High Court

Page No.# 1/3 vs The Branch Manager And Anr on 10 December, 2025

                                                                         Page No.# 1/3

GAHC010272212025




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

                                  Case No. : MACApp./549/2025

            AYSHA SIDDIKA AND ANR
            W/O LATE SAIDUL HOQUE, VILL. DEWRIKUCHI, P.O. SONKUCHI, P.S.
            BARPETA, DIST. BARPETA, ASSAM, PIN 781314

            2: SHEHENAJ HOQUE
             D/O LATE SAIDUL HOQUE AND AYSHA SIDDIKA
            VILL. DEWRIKUCHI
             P.O. SONKUCHI
             P.S. BARPETA
             DIST. BARPETA
            ASSAM
             PIN 781314 (APPELLANT / CLAIMANT NO. 2 IS THE MINOR DAUGHTER OF
            THE DECEASED
             HENCE SHE IS REPRESENTED BY HER MOTHER/APPELLANT NO. 1

            VERSUS

            THE BRANCH MANAGER AND ANR
            TATA AIG GENERAL INSURANCE CO. LTD. BRANCH OFFICE ADDRESS 3RD
            FLOOR, MAYUR GARDEN, G.S. ROAD, OPPOSITE HDFC BANK,
            BHANGAGARH, GUWAHATI, DIST. KAMRUP (M), ASSAM, PIN 781005

            2:RAKIBUL ALI
             S/O HANIF ALI
            VILL. KALLIPATHER (KAMALABARI)
             P.O. SARTHEBARI
             P.S. SARTHEBARI
             DIST. BARPETA
            ASSAM
             PIN 78130

Advocate for the Petitioner   : MR. S ISLAM, A R MONDAL,MR. N HUSSAIN

Advocate for the Respondent : ,
                                                                       Page No.# 2/3




                                BEFORE
            HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

                                     ORDER

Date : --10.12.2025

Heard learned counsel for the appellant Mr. S. Islam.

This appeal u/s 173 of the M.V. Act has been filed challenging the impugned judgment & order dated 20.06.2025 passed by the MACT, Barpeta in MAC Case No. 476/2020.

The main ground taken by the appellant is that the learned Tribunal failed to appreciate the fact that the offending vehicle was duly insured and the driver also possess valid driving license. The policy was Comprehensive Policy but the learned Tribunal dismissed the claim petition by referring a judgment of the Madras High Court. The learned counsel submits that the policy in the referred case was an 'Act Policy' but in the instant case it was a Comprehensive Policy. However, the Tribunal took the same judgment into consideration while dismissing the claim petition.

The appeal is admitted for hearing.

Call for the records from the MACT, Barpeta.

Issue Notice within 6 weeks.

The appellant shall take steps for service on respondents by Speed Post as well as usual process within 6 (six) weeks from today.

Page No.# 3/3

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

JUDGE

Comparing Assistant