Gauhati High Court
New India Assurance Company Ltd vs Ganesh Nath And 2 Ors. H on 10 February, 2025
Page No.# 1/4
GAHC010066932023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./618/2024
NEW INDIA ASSURANCE COMPANY LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
BUILDING,87, MAHATMA GANDHI ROAD,FORT MUMBAI -400001 AND
REGIONAL OFFICE AT GS ROAD, GUWAHATI 05, REPRESENTED BY THE
CHIEF REGIONAL MANAGER,
VERSUS
GANESH NATH AND 2 ORS. H
S/O SRI BIREN NATH RESIDENT OF VILLAGE BALIJULI, NATHPARA, PS
CHAYGAON,DIST KAMRUP, ASSAM
2:AMIR KR. JHA
S/O LATE SHIBNANDAN JHA
RESIDENT OF NABIN NAGAR
BASISTHA ROAD
HOUSE NO. 17
BELTOLA GUWAHATI 29
3:SRI CHITRA DAS
S/O LATE HARESWAR DAS
RESIDENT OF VILLAGE RAMPUR
PS PALASHBARI
KAMRUP
Advocate for the Petitioner : MR. S DUTTA, MR. S DUTTA,MS S MOCHAHARI
Advocate for the Respondent : ,
Page No.# 2/4
Linked Case : I.A.(Civil)/3698/2024
NEW INDIA ASSURANCE COMPANY LTD.
S/O SRI BIREN NATH RESIDENT OF VILLAGE BALIJULI
NATHPARA
PS CHAYGAON
DIST KAMRUP
ASSAM
VERSUS
GANESH NATH AND 2 ORS. H
S/O SRI BIREN NATH RESIDENT OF VILLAGE BALIJULI
NATHPARA
PS CHAYGAON
DIST KAMRUP
ASSAM
2:AMIR KR. JHA
S/O LATE SHIBNANDAN JHA
RESIDENT OF NABIN NAGAR
BASISTHA ROAD
HOUSE NO. 17
BELTOLA GUWAHATI 29
3:SRI CHITRA DAS
S/O LATE HARESWAR DAS
RESIDENT OF VILLAGE RAMPUR
PS PALASHBARI
KAMRUP.
------------
Advocate for : MR. S DUTTA
Advocate for : appearing for GANESH NATH AND 2 ORS. H
Linked Case : I.A.(Civil)/1980/2023
NEW INDIA ASSURANCE COMPANY LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
BUILDING
87
MAHATMA GANDHI ROAD
FORT MUMBAI -400001 AND REGIONAL OFFICE AT GS ROAD
GUWAHATI 05
REPRESENTED BY THE CHIEF REGIONAL MANAGER
Page No.# 3/4
VERSUS
GANESH NATH AND 2 ORS.
S/O SRI BIREN NATH RESIDENT OF VILLAGE BALIJULI
NATHPARA
PS CHAYGAON
DIST KAMRUP
ASSAM
2:AMIR KR. JHA
S/O LATE SHIBNANDAN JHA
RESIDENT OF NABIN NAGAR
BASISTHA ROAD
HOUSE NO. 17
BELTOLA GUWAHATI 29
3:SRI CHITRA DAS
S/O LATE HARESWAR DAS
RESIDENT OF VILLAGE RAMPUR
PS PALASHBARI
KAMRUP.
------------
Advocate for : MR SISHIR DUTTA
Advocate for : MR. S SINGH (r-1) appearing for GANESH NATH AND 2 ORS.
BEFORE
HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
Date : 10.02.2025
Heard Mr. S. Dutta, learned counsel for the appellant.
The instant appeal is filed under Section 173 of the Motor Vehicles Act, 1988
against the Judgment & Award dated 18.11.2022 passed by the Member, Motor
Accident Claims Tribunal No. 2, Kamrup , Guwahati in MAC Case No. 754/2020.
The learned counsel for the appellant submits that the said judgment and
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award is liable to be set aside since the claimant was not a driver of the vehicle
but a gratuitous passenger in a goods carrying vehicle and further the evidence
adduced before the learned Tribunal was not considered in its proper
perspective.
Appeal is admitted.
LCR is to be called for.
Issue notice to the respondents through registered post with A/D as well as
through usual process, within 3 days returnable by three weeks.
List the matter after 3 (three) weeks.
JUDGE
Comparing Assistant
