Magma Hdi General Insurance Co. Ltd vs Md Ichak Ali Mazumder And 6 Ors
2025 Latest Caselaw 9459 Gua

Gauhati High Court

Magma Hdi General Insurance Co. Ltd vs Md Ichak Ali Mazumder And 6 Ors on 15 December, 2025

                                                                 Page No.# 1/3

GAHC010229252025




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

                         Case No. : MACApp./558/2025

         MAGMA HDI GENERAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO.24, PARK
         STREET, KOLKOTTA-700016 AND A REGIONAL OFFICE AT BLOCK 3B, B201-
         202 ECOSPACE BUSINESS PARK, AMBUJA REALITY CAMPUS, ACTION
         AREA 110, NORTH TWENTY FOUR PARGANA, WEST BENGAL AND A
         BRANCH OFFICE AT F FORT BUILDING, 2ND FLOOR, SOUTH SARANIA, GS.
         ROAD, GUWAHATI 781007

         VERSUS

         MD ICHAK ALI MAZUMDER AND 6 ORS
         S/O LATE SOFAR ALI MAZUMDER

         2:MD KARIM UDDIN MAZUMDER
          S/O MD. ICHAK ALI MAZUMDER

         3:MD RAHIM UDDIN MAZUMDER
          S/O MD. ICHAK ALI MAZUMDER

         4:MD JOHIR UDDN MAZUMDER
          S/O MD. ICHAK ALI MAZUMDER

         5:MUST MOMOTA BEGUM MAZUMDER
          D/O MD ICHAK ALI MAZUMDER
         ALL ARE R/O-VILLAGE-UTTAR NISKAR P.O-LALPANI
          P.S.-KATLICHERRA DIST- HAILAKANDI
         ASSAM. PIN- 788165

         6:MD NOSIR AHMED LASKAR
          S/O RAHMAT ALI LASKAR R/O-VILLAGE-SULTANICHERRA T.E P.S-
         RAMNATHPUR DIST- HAILAKANDI
         ASSAM. PIN- 788162

         7:MD FARIAZ UDDIN BARBHUIYA
                                                                            Page No.# 2/3

             S/O MAKRAM ALI BARBHUIYA
             R/O-VILLAGE-SULTANICHERRA T.E
             P.S- RAMNATHPUR
             DIST- HAILAKANDI
             ASSAM. PIN- 78816

Advocate for the Petitioner   : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA

Advocate for the Respondent : ,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

Date : 15.12.2025

1. Heard Mr. R. Goswami, learned counsel for the appellant.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant Insurance Company impugning the Judgment and Award dated 04.08.2025 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Hailakandi in MAC Case No. 16/2022 whereby the appellant/Insurance Company was directed to pay a compensation amount of Rs.10,15,200/- along with an interest @ 7.5% per annum to the respondents /claimants.

3. The main ground assailed in the present appeal by the appellant/Insurance Company is that the driver of the offending vehicle did not have any valid driving license at the time of accident rather he obtained the driving license after 25 days of the alleged incident.

4. The appeal is admitted.

5. Issue notice to the respondents.

6. The appellant shall take steps for issuance of notice upon the respondents by speed post as well as by usual mode within seven days from the date of this order, returnable after four weeks.

Page No.# 3/3

7. Let the records of MAC Case No. 16/2022 be called for from the concerned Tribunal.

8. The Registry to take steps for requisitioning the aforesaid record.

9. List this matter after receipt of the case records.

JUDGE

Comparing Assistant