Gauhati High Court
National Insurance Comapany Ltd vs Subhash Rabha And 3 Ors. H on 12 February, 2025
Page No.# 1/5
GAHC010101782023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./468/2024
NATIONAL INSURANCE COMAPANY LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S.
ROAD, GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL
MANAGER, GUWAHATI REGIONAL OFFICE.
VERSUS
SUBHASH RABHA AND 3 ORS. H
S/O KHIROD RABHA, VILL.- GHANGAMARI-CHUHURI, P.S.- GOALPARA,
DIST.- GOALPARA, ASSAM, PIN- 783101.
2:MD. SABED SHEIKH
S/O MD. SK.
R/O SADILPUR JALUKBARI
HOUSE NO.65
NEAR DARUL ULUM MADRASSA
GUWAHATI
KAMRUP (M)
ASSAM
PIN- 781122.
3:MAINUDDIN SK.
S/O SHAHALOM ALI
VILL.- DHIGHOLIBORI
TIPLAI
P.S.- RANJULI
DIST.- GOALPARA
ASSAM
Page No.# 2/5
PIN- 783134.
4:THE BRANCH MANAGER
RELIANCE GENERAL INSURANCE COMPANY LIMITED
5TH FLOOR
PRAG PLAZA
G.S. ROAD
BHANGAGARH
GUWAHATI
DIST.- KAMRUP (M)
ASSAM
PIN- 781005
Advocate for the Petitioner : MR T KALITA, MR. A KAKATI
Advocate for the Respondent : ,
Linked Case : I.A.(Civil)/2775/2024
NATIONAL INSURANCE COMAPANY LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
MIDDLETON STREET
KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH
G.S. ROAD
GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE.
VERSUS
SUBHASH RABHA AND 3 ORS. H
S/O KHIROD RABHA
VILL.- GHANGAMARI-CHUHURI
P.S.- GOALPARA
DIST.- GOALPARA
ASSAM
PIN- 783101.
2:MD. SABED SHEIKH
S/O MD. SK.
R/O SADILPUR JALUKBARI
HOUSE NO.65
NEAR DARUL ULUM MADRASSA
Page No.# 3/5
GUWAHATI
KAMRUP (M)
ASSAM
PIN- 781122.
3:MAINUDDIN SK.
S/O SHAHALOM ALI
VILL.- DHIGHOLIBORI
TIPLAI
P.S.- RANJULI
DIST.- GOALPARA
ASSAM
PIN- 783134.
4:THE BRANCH MANAGER
RELIANCE GENERAL INSURANCE COMPANY LIMITED
5TH FLOOR
PRAG PLAZA
G.S. ROAD
BHANGAGARH
GUWAHATI
DIST.- KAMRUP (M)
ASSAM
PIN- 781005.
------------
Advocate for : MR T KALITA
Advocate for : appearing for SUBHASH RABHA AND 3 ORS. H
Linked Case : I.A.(Civil)/1498/2023
NATIONAL INSURANCE COMAPANY LIMITED
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
MIDDLETON STREET
KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH
G.S. ROAD
GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE.
VERSUS
SUBHASH RABHA AND 3 ORS.
S/O KHIROD RABHA
Page No.# 4/5
VILL.- GHANGAMARI-CHUHURI
P.S.- GOALPARA
DIST.- GOALPARA
ASSAM
PIN- 783101.
2:MD. SABED SHEIKH
S/O MD. SK.
R/O SADILPUR JALUKBARI
HOUSE NO.65
NEAR DARUL ULUM MADRASSA
GUWAHATI
KAMRUP (M)
ASSAM
PIN- 781122.
3:MAINUDDIN SK.
S/O SHAHALOM ALI
VILL.- DHIGHOLIBORI
TIPLAI
P.S.- RANJULI
DIST.- GOALPARA
ASSAM
PIN- 783134.
4:THE BRANCH MANAGER
RELIANCE GENERAL INSURANCE COMPANY LIMITED
5TH FLOOR
PRAG PLAZA
G.S. ROAD
BHANGAGARH
GUWAHATI
DIST.- KAMRUP (M)
ASSAM
PIN- 781005.
------------
Advocate for : MR T KALITA
Advocate for : appearing for SUBHASH RABHA AND 3 ORS.
Page No.# 5/5
BEFORE
HON'BLE MRS. JUSTICE MARLI VANKUNG
ORDER
12.02.2025
Heard Mr. T. Kalita, learned counsel for the appellant.
This appeal is filed under Section 173 of the Motor Vehicles Act, 1988
against the Judgment & Order dated 14.10.2024 passed by the learned Member,
Motor Accident Claims Tribunal, Goalpara in MAC Case No. 299/2016.
The learned counsel for the appellant submits that the learned Tribunal had
erred in making the appellant liable to pay full compensation when the instant
appeal was due to head on collision between the two vehicles.
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
