Citation : 2025 Latest Caselaw 9751 Gua
Judgement Date : 19 December, 2025
Page No.# 1/3
GAHC010238592024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./583/2025
LIBERTY GENERAL INSURANCE LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 10TH FLOOR,
TOWER A, PENINSULA BUSINESS PARK, GANPATRAO KADAM MARG,
LOWER PAREL (WEST) MUMBAI-400013, MAHARASHTRA AND ITS
BRANCH OFFICE AT 4TH FLOOR, GANAPATI ENCLAVE, BORA SERVICE,
G.S. ROAD, GUWAHATI, KAMRUP (M), PIN-781007.
VERSUS
RANJITA NATH AND 6 ORS
W/O. LATE HEMEN CHANDRA NATH
2:SAURAV NATH
S/O. LATE HEMEN CHANDRA NATH
3:MINTU NATH
S/O. LATE HEMEN CHANDRA NATH
4:KRISHNA NATH
D/O. LATE HEMEN CHANDRA NATH
5:TARUBALA NATH
M/O. LATE HEMEN CHANDRA NATH ALL ARE THE RESIDENT OF VILL.-
UTTAR GANAK GARI
P/S. SARBHOG
DIST. BARPETA
ASSAM.
6:GURUDEV DAS
S/O. KAMALESWAR DAS
R/O. VILL.- CHAKBAUSI
P/O. BHALUKDOBA
P/S. SORBHOG
DIST. BARPETA
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ASSAM
PIN-781317.
7:KHANINDRAJIT DAS
S/O. BISHNU RAM DAS
R/O. VILL.- PHEHURAHKOWA
P/O. BHULUKA
DIST. BARPETA
ASSAM
PIN-781317
Advocate for the Petitioner : MR T KALITA,
Advocate for the Respondent : MS. M MALLIK(R-6), MS. M PATHAK(R-6),MR. B HUSSAIN(R-
6),MR. N. DEBNATH (R-1 TO 5)
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 19.12.2025
1. Heard Mr. T. Kalita, learned counsel for the appellant/Insurance Company. Also heard Mr. N. Debnath, learned counsel for the respondent Nos. 1 to 5.
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 18.01.2024 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M) in MAC Case No. 514/2019.
3. Issue notice.
4. The appeal is admitted.
5. Call for the records of MAC Case No. 514/2019 from the concerned Motor Accident Claims Tribunal.
6. Since, Mr. Debnath, learned counsel has appeared for the respondent Page No.# 3/3
Nos. 1 to 5 and since name of one Ms. M. Mallik has been shown as the counsel for respondent No. 6, no formal notice need to be issued to the said respondents.
7. As regards the respondent No. 7 is concerned, 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 on 9 th of February, 2026.
8. List accordingly.
9. The learned counsel for the appellant shall furnish the requisite numbers of copies of memo of appeal along with annexures to the learned counsel for the respondent Nos. 1 to 5 during the course of the day.
JUDGE
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