Gauhati High Court
Page No.# 1/6 vs Amiya Kumar Rabha And 5 Ors . A on 7 February, 2025
Page No.# 1/6
GAHC010031612023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./385/2024
SBI GENERAL INSURANCE COMPANY LIMITED .
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY
RUSTIMJEE 101, JUNCTION OF MV ROADS AND WESTERN EXPRESS
HIGHWAY, ANDHERI (EAST) MUMBAI 400069 ITS REGIONAL OFFICE 4TH
FLOOR, B BLOCK, APPEJAY HOUSE NO. 15, PARK STREET, KOLKATA,
700016 WEST BENGAL, AND ITS BRANCH OFFIC AT 2ND FLOOR, LAKSHMI
DARSHAN, OPP. BORA SERVICE STATION, ULUBARI GS ROAD, GUWAHATI
781007. REPRESENTED BY ITS. SR. EXECUTIVE LITIGATION AND TP
VERSUS
AMIYA KUMAR RABHA AND 5 ORS . A
S/O LATE BHABENDRA CH. RABHA, RESIDENT OF VILLAGE CHOTO MIA,
PS DUDHNOI, GOALPARA, ASSAM 783122
2:THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE COMPANY LIMITED
BONGAIGAON DIVISION
BONGAIGAON
ASSAM
3:SRI BABUL CH. DAS
SON OF SRI PRAKASH CH. DAS
RESIDENT OF VILLAGE PACHANIA
PO PACHANIA
DIST BONGAIGAON
ASSAM 783382
Page No.# 2/6
4:SRI BUDHADEB MANDAL
S/O G. MANDAL
RESIDENT OF 11 NO. BALUCHAR
PO AND DIST DHUBRI
ASSAM 783301
5:SRI SWAJAL KARMAKAR
S/O PRAN GOPAL KARMAKAR
RESIDENT OF LAKHIPUR
PO LAKHIPUR
DIST GOALPARA
ASSAM 788103
6:TAZMAHAL HOQUE
S/O SOLEMAN SARKAR
RESIDENT OF GOALPARA TOWN
PO GOALPARA
PS GOALPARA
DIST GOALPARA
ASSAM 78810
Advocate for the Petitioner : MR T KALITA, MR. A KAKATI
Advocate for the Respondent : ,
Linked Case : I.A.(Civil)/1174/2023
SBI GENERAL INSURANCE COMPANY LIMITED .
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY
RUSTIMJEE 101
JUNCTION OF MV ROADS AND WESTERN EXPRESS HIGHWAY
ANDHERI (EAST) MUMBAI 400069 ITS REGIONAL OFFICE 4TH FLOOR
B BLOCK
APPEJAY HOUSE NO. 15
PARK STREET
KOLKATA
700016 WEST BENGAL
AND ITS BRANCH OFFIC AT 2ND FLOOR
LAKSHMI DARSHAN
OPP. BORA SERVICE STATION
ULUBARI GS ROAD
GUWAHATI 781007. REPRESENTED BY ITS. SR. EXECUTIVE LITIGATION
AND TP
Page No.# 3/6
VERSUS
AMIYA KUMAR RABHA AND 5 ORS .
S/O LATE BHABENDRA CH. RABHA
RESIDENT OF VILLAGE CHOTO MIA
PS DUDHNOI
GOALPARA
ASSAM 783122
2:THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE COMPANY LIMITED
BONGAIGAON DIVISION
BONGAIGAON
ASSAM
3:SRI BABUL CH. DAS
SON OF SRI PRAKASH CH. DAS
RESIDENT OF VILLAGE PACHANIA
PO PACHANIA
DIST BONGAIGAON
ASSAM 783382
4:SRI BUDHADEB MANDAL
S/O G. MANDAL
RESIDENT OF 11 NO. BALUCHAR
PO AND DIST DHUBRI
ASSAM 783301
5:SRI SWAJAL KARMAKAR
S/O PRAN GOPAL KARMAKAR
RESIDENT OF LAKHIPUR
PO LAKHIPUR
DIST GOALPARA
ASSAM 788103
6:TAZMAHAL HOQUE
S/O SOLEMAN SARKAR
RESIDENT OF GOALPARA TOWN
PO GOALPARA
PS GOALPARA
DIST GOALPARA
Page No.# 4/6
ASSAM 788103
------------
Advocate for : MR T KALITA
Advocate for : MR. R GOSWAMI (r-2) appearing for AMIYA KUMAR RABHA AND
5 ORS .
Linked Case : I.A.(Civil)/2338/2024
SBI GENERAL INSURANCE COMPANY LIMITED .
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY
RUSTIMJEE 101
JUNCTION OF MV ROADS AND WESTERN EXPRESS HIGHWAY
ANDHERI (EAST) MUMBAI 400069 ITS REGIONAL OFFICE 4TH FLOOR
B BLOCK
APPEJAY HOUSE NO. 15
PARK STREET
KOLKATA
700016 WEST BENGAL
AND ITS BRANCH OFFIC AT 2ND FLOOR
LAKSHMI DARSHAN
OPP. BORA SERVICE STATION
ULUBARI GS ROAD
GUWAHATI 781007. REPRESENTED BY ITS. SR. EXECUTIVE LITIGATION
AND TP
VERSUS
AMIYA KUMAR RABHA AND 5 ORS . A
S/O LATE BHABENDRA CH. RABHA
RESIDENT OF VILLAGE CHOTO MIA
PS DUDHNOI
GOALPARA
ASSAM 783122
2:THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE COMPANY LIMITED
BONGAIGAON DIVISION
BONGAIGAON
ASSAM
3:SRI BABUL CH. DAS
SON OF SRI PRAKASH CH. DAS
Page No.# 5/6
RESIDENT OF VILLAGE PACHANIA
PO PACHANIA
DIST BONGAIGAON
ASSAM 783382
4:SRI BUDHADEB MANDAL
S/O G. MANDAL
RESIDENT OF 11 NO. BALUCHAR
PO AND DIST DHUBRI
ASSAM 783301
5:SRI SWAJAL KARMAKAR
S/O PRAN GOPAL KARMAKAR
RESIDENT OF LAKHIPUR
PO LAKHIPUR
DIST GOALPARA
ASSAM 788103
6:TAZMAHAL HOQUE
S/O SOLEMAN SARKAR
RESIDENT OF GOALPARA TOWN
PO GOALPARA
PS GOALPARA
DIST GOALPARA
ASSAM 788103
------------
Advocate for : MR T KALITA
Advocate for : appearing for AMIYA KUMAR RABHA AND 5 ORS . A
BEFORE
HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
Date : 07.02.2025
Heard Mr. A. Kakati, learned counsel for the appellant, who has filed the
instant appeal under Section 173 of the Motor Vehicles Act, 1988 against the
Judgment & Order dated 08.03.2022 passed in MAC Case No. 111/2015 by the
learned Member, MACT, Goalpara, wherein the learned Tribunal had held the
Page No.# 6/6
appellant is liable to pay compensation to the extent of 30% of the total liability
despite there being a clear evidence of rash and negligence against the other
vehicle involved in the accident.
Appeal is admitted.
Issue notice to the respondents.
Ms. M. Saikia accepts notice on behalf of the respondent No. 2. Requisite
copies of the appeal memo to be duly furnished to the learned counsel for the
respondent.
Notice be issued to the other respondents through registered post with
A/D as well as by usual process within 3 days, returnable by three weeks.
List the matter after 3 (three) weeks.
The name of Ms. M. Saikia, learned counsel for respondent No. 2 is to be
reflected in the cause list.
JUDGE
Comparing Assistant
