Page No.# 1/3 vs Babu Singh And Anr
2025 Latest Caselaw 3080 Gua

Gauhati High Court

Page No.# 1/3 vs Babu Singh And Anr on 12 February, 2025

                                                                     Page No.# 1/3

GAHC010207082024




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

                          Case No. : MACApp./573/2024

         CHANDRA MAYA RAI AND 2 ORS
         W/O. LATE LAKSHMAN RAI

         2: SATYEM RAI
          S/O. LATE LAKSHMAN RAI (MINOR SON OF THE DECEASED)

         3: SUSMITA RAI
          D/O. LATE LAKSHMAN RAI
         (MINOR DAUGHTER OF THE DECEASED)
         ALL ARE R/O. VILL.-BAKHRAKHUTI
          P/S. DUDHNOI
          DIST.-GOALPARA
          ASSAM.
         PRESENTLY RESIDING AT C/O. SRI SHER BAHADUR PRADHAN
          HASTINAPUR
          NINE MILE
          JORABAT
          GUWAHATI
          DIST.- KAMRUP(M)
          ASSAM.
         APPELLANT NO.1 (WIFE OF THE DECEASED) REPRESENTED ON BEHALF
         OF THE APPELLANT NO.2
         3 WHO ARE MONOR SON AND DAUGHTER OF THE DECEASED

         VERSUS

         BABU SINGH AND ANR
         S/O. SRI RAJ SINGH, VILL.-NENGJAGITTIM, P/O. NONGALBIBRA, P/S.-
         NONGALBIBRA, DIST.- SOUTH GARO HILLS, MEGHALAYA.

         2:THE REGIONAL MANAGER ORIENTAL INSURANCE CO. LTD.
          REGIONAL OFFICE AT ULUBARI
          GUWAHATI-5
          DIST.- KAMRUP(M)
                                                                          Page No.# 2/3

             ASSAM

Advocate for the Petitioner   : MR. K K PARASAR, MR D K KALITA,MR. G C BORAH

Advocate for the Respondent : ,




                                   BEFORE
                     HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                         ORDER

Date : 12.02.2025

Heard Mr. D.K. Kalita, learned counsel for the appellant.

This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment & Award dated 02.07.2024 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati in MAC Case No. 2009/2015.

The learned counsel submits that the learned Tribunal had erred in dismissing the claim petition, since the application is made under 163-A of the Motor Vehicles Act and further there is no evidence to prove that the claimant had taken shoes of the owner of the vehicle and therefore, the claimant is entitled to receive compensation.

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.

Page No.# 3/3

List the matter after 3 (three) weeks.

JUDGE

Comparing Assistant