United India Insurance Co Ltd vs Sajinara Begum And 2 Ors
2025 Latest Caselaw 9551 Gua

Gauhati High Court

United India Insurance Co Ltd vs Sajinara Begum And 2 Ors on 15 December, 2025

                                                                       Page No.# 1/3

GAHC010231102025




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

                                  Case No. : MACApp./556/2025

            UNITED INDIA INSURANCE CO LTD
            HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI AND
            ONE OF THE REGIONAL OFFICE AT G.S. ROAD, DISPUR

            VERSUS

            SAJINARA BEGUM AND 2 ORS
            D/O LATE SAHIDUL ALI, R/O VILL. SACHIBORI, P.O BAGDOBA, P.S.
            DHUPDHARA, PIN 783123, DIST. GOALPARA, ASSAM.

            2:MADHAB DAS
             S/O LATE INDRA MOHAN DAS
             R/O VILL. CHAPLI PT I
             P.S. DHUPDHARA
             P.O. BAGDOBA
             PIN 783123
             DIST. GOALPARA
            ASSAM.

            3:PRAHALAD BISWAS
             S/O ANANDA BISWAS
             R/O VILL. GOUTAM HARDWARE CAMPUS BASISTHA CHARIALI
            PATARKUCHI
             DISPUR
             PIN 781029
             DIST. KAMRUP (ASSAM

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

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

                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

Date : 15.12.2025

1. Heard Mr. K. K. Bhatta, learned counsel for the appellant.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant Insurance Company impugning the Judgment and Award dated 08.07.2025 passed by the learned Member, Motor Accident Claims Tribunal, Goalpara in MAC Case No. 427/2019 whereby the appellant Insurance Company was directed to pay a compensation amount of Rs.13,26,894/- along with an interest @ 7% per annum from the date of filing of the claim petition till the date of realization to the respondents claimant.

3. The learned counsel for the appellant contended that the main ground of appeal in this appeal is that the respondent No. 1 claimant was not a dependent of the deceased, however, the learned Motor Accident Claims Tribunal erred in granting the compensation treating the respondent No. 1, who is the married sister of the deceased as a dependent of the deceased.

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.

7. Let the records of MAC Case No. 427/2019 be called for from the Motor Accident Claims Tribunal, Goalpara.

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

Page No.# 3/3

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

JUDGE

Comparing Assistant