Gauhati High Court
National Insurance Company Ltd vs Abdul Kalam And 3 Ors. A on 10 February, 2025
Page No.# 1/4
GAHC010272522023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./617/2024
NATIONAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, GS
ROAD, GUWAHATI 781005, REPRESENTED BY THE CHIEF REGIONAL
MANAGER. GUWAHATI REGIONAL OFFICE.
VERSUS
ABDUL KALAM AND 3 ORS. A
S/O MOKLISUR RAHMAN, RESIDENT OF VILLAGE SUTARGAON, PS
DOBOKA, DIST HOJAI, ASSAM 782440
2:MD. SAHAB UDDIN
S/O ABDUL KALAM
RESIDENT OF VILLAGE SUTARGAON
PS DOBOKA
DIST HOJAI
ASSAM 782440
3:NIPA BORA
W/O SRI HURAI BORA
RESIDENT OF VILLAGE UJARAGAON
PS SADAR
DIST. NAGAON
ASSAM
782101
4:MD. SAFIR UDDIN
S/O LATE SIRAJ UDDIN
Page No.# 2/4
RESIDENT OF VILLAGE BENGANA ALI
PS SADAR
DIST NAGAON
ASSAM 78213
Advocate for the Petitioner : MR T KALITA, MR. A KAKATI
Advocate for the Respondent : ,
Linked Case : I.A.(Civil)/3695/2023
NATIONAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
MIDDLETON STREET
KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH
GS ROAD
GUWAHATI 781005
REPRESENTED BY THE CHIEF REGIONAL MANAGER. GUWAHATI
REGIONAL OFFICE.
VERSUS
ABDUL KALAM AND 3 ORS.
S/O MOKLISUR RAHMAN
RESIDENT OF VILLAGE SUTARGAON
PS DOBOKA
DIST HOJAI
ASSAM 782440
2:MD. SAHAB UDDIN
S/O ABDUL KALAM
RESIDENT OF VILLAGE SUTARGAON
PS DOBOKA
DIST HOJAI
ASSAM 782440
3:NIPA BORA
W/O SRI HURAI BORA
RESIDENT OF VILLAGE UJARAGAON
Page No.# 3/4
PS SADAR
DIST. NAGAON
ASSAM
782101
4:MD. SAFIR UDDIN
S/O LATE SIRAJ UDDIN
RESIDENT OF VILLAGE BENGANA ALI
PS SADAR
DIST NAGAON
ASSAM 782137
------------
Advocate for : MR T KALITA
Advocate for : MR. K K DUTTA. (R-1
2) appearing for ABDUL KALAM AND 3 ORS.
Linked Case : I.A.(Civil)/3695/2024
NATIONAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
MIDDLETON STREET
KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH
GS ROAD
GUWAHATI 781005
REPRESENTED BY THE CHIEF REGIONAL MANAGER. GUWAHATI
REGIONAL OFFICE.
VERSUS
ABDUL KALAM AND 3 ORS. A
S/O MOKLISUR RAHMAN
RESIDENT OF VILLAGE SUTARGAON
PS DOBOKA
DIST HOJAI
ASSAM 782440
------------
Advocate for : MR T KALITA
Advocate for : appearing for ABDUL KALAM AND 3 ORS. A
Page No.# 4/4
BEFORE
HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
Date : 10.02.2025
Heard Mr. T. Kalita, learned counsel for the appellant.
This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988
against the Judgment & Order dated 17.07.2023 passed by the Member, Motor
Accident Claims Tribunal No. 2, Kamrup(M), Guwahati in MAC Case No.
461/2018.
The learned counsel for the appellant submits that the impugned judgment
and order is liable to be set aside, since the appellants are not liable to pay any
compensation to the claimants, who are gratuitous passengers in the instant
vehicle.
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
