Nami Begum vs Nabajyoti Das And 2 Ors
2025 Latest Caselaw 3398 Gua

Gauhati High Court

Nami Begum vs Nabajyoti Das And 2 Ors on 21 February, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                    Page No.# 1/3

GAHC010007552025




                                                             undefined

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

                            Case No. : CRP/21/2025

         NAMI BEGUM
         W/O- MD. ELIOUS HUSSAIN HAZARIKA, R/O- WARD NO. 8, N.T. ROAD, P.O.
         AND P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, PIN- 787001, ASSAM



         VERSUS

         NABAJYOTI DAS AND 2 ORS.
         (OWNER), S/O- BHUDHAR DAS, R/O- WARD NO. 3, NORTH LAKHIMPUR
         TOWN, P.O. AND P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM, PIN-
         787001.

         2:HEEM MALAY DAS
          (DRIVER)
          S/O- NABAJYOTI DAS
          R/O- WARD NO. 3
          NORTH LAKHIMPUR TOWN
          P.O. AND P.S. NORTH LAKHIMPUR
          DIST. LAKHIMPUR
         ASSAM
          PIN- 787001.

         3:SBI GENERAL INSURANCE COMPANY LTD.

          JORHAT BRANCH
          ASSAM
          REPRESENTED BY ITS BRANCH MANAGER (INSURER)
          3RD FLOOR
          CRYSTAL SR PLAZA
          OPP. BANK OF BARODA
          GAR ALI
          JORHAT-785001
          ASSAM
                                                                           Page No.# 2/3



      For the Petitioner(s)        : Mr. B. Acharyya, Advocate

      For the Respondent(s)        : None appears.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 21.02.2025

Issue notice making it returnable on 28.03.2025.

2. The Petitioner is directed to take steps upon the Respondent Nos. 1, 2 and 3 by way of Registered Post with A/D as well as through usual process within 3 (three) days.

3. The Petitioner is aggrieved by the order dated 30.11.2024 passed in Misc. Case No.9/2023 whereby the application for condonation of delay in preferring the claim petition was rejected.

4. The learned counsel for the Petitioner has referred to a judgment of a Coordinate Bench of this Court dated 12.12.2024 passed in MAC Appeal No.30/2021 wherein the Coordinate Bench of this Court had held that if the accident has occurred prior to 01.04.2022, the provisions of Section 166(3) of the Motor Vehicles Act, 1988 as amended vide the Motor Vehicles (Amendment) Act, 2019 would not apply.

5. In view of the judgment of the Coordinate Bench of this Court, the issue involved in the instant proceedings requires adjudication.

6. This Court shall pass appropriate orders after hearing the Page No.# 3/3

Respondents.

7. List accordingly.

JUDGE

Comparing Assistant