United India Insurance Co. Td vs Mustt Sarbhanu @ Saharbhanu Khatun And 5 ...
2025 Latest Caselaw 1205 Gua

Gauhati High Court

United India Insurance Co. Td vs Mustt Sarbhanu @ Saharbhanu Khatun And 5 ... on 4 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                Page No.# 1/4

GAHC010104792025




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

                            Case No. : MACApp./237/2025

         UNITED INDIA INSURANCE CO. TD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24, WHITES
         ROAD, CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD, DISPUR,
         GUWAHATI AND REPRESENTED BY THE CHIEF REGIONAL MANAGER,
         GUWAHATI REGIONAL OFFICE, G.S. ROAD, DISPUR, GUWAHATI 781005



         VERSUS

         MUSTT SARBHANU @ SAHARBHANU KHATUN AND 5 ORS
         W/O LATE BAHEJ ALI

         2:SAHAR ALI

          S/O LATE BAHEJ ALI

         3:MISS ROSMINA KHATUN

          D/O LATE BAHEJ ALI

         4:MUSTT GOL BHANU

          W/O JIL HUSSAIN

         ALL ARE R/O VILL DHALPUR (PART)
         P.O. JAHIRPUR AND P.S. SIPAJHAR
         DIST. DARRANG (ASSAM)
         PIN 781137
         PRESENT ADDRESS.
         VILL. NO 1 DOKONIA
         P.O. TAPABORI
         P.S. HAJO
         DIST. KAMRUP (M)
                                                                  Page No.# 2/4

          ASSAM
          PIN 781102
          RESPONDENT NOS. 2 AND 3 BEING MINORS ARE REPRESENTED BY THEIR
          LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO. 1

          5:SURMAN ALI

          S/O JALU SHEIKH
          R/O VILL. TAPABORI
          P.O. TAPABORI
          P.S. HAJO
          DIST. KAMRUP (M)
          ASSAM
          PIN 781102

          6:MAINUDDIN AHMED

          S/O MOKBUL HUSSAIN
          R/O VILL. BHEIKAR NO. 2
          P.O. BHELKAR BAZAR
          P.S. HAJO
          DIST. KAMRUP (M)
          ASSAM
          PIN 78110




Advocate for the appellant(s): Mr. R Goswami


Advocate for the respondent(s): Mr. AR Agarwalla


                                BEFORE
               HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                    ORDER

04.06.2025 Heard Mr. R Goswami, the learned counsel appearing on behalf of the appellant. Mr. AR Agarwala, the learned counsel who appears on behalf of the Page No.# 3/4

respondents/claimants.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the impugned judgment and award dated 15.02.2025 passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup(M) in MAC Case No.735/2020.

3. The learned counsel for the appellant submits that the grounds of objection taken in the instant appeal is that the learned Tribunal had misconstrued the evidence on record and had arrived at that it was a motor accident. Rather, it appears from the evidence on record that it is a case of drowning, for which, the question of availing the remedies before a Motor Accident Claims Tribunal does not arise.

4. Taking into account the grounds of objection, the instant appeal is admitted.

5. Call for the records.

6. As Mr. AR Agarwala, the learned counsel appears and accepts notice on behalf of the respondent Nos.1 to 4, who are on caveat, extra copies of the memo of appeal be served upon him within 3(three) days from today.

7. As regards, the respondent Nos.5 and 6 taking into account the grounds of objection so taken, the names of respondent Nos.5 and 6 are struck off from the array of respondents.

8. The learned counsel for the appellant is directed to file a fresh memo of parties before the Registry of this Court and the Registry on the basis of the instant order shall make the necessary correction in the appeal and update the same in the CIS.

Page No.# 4/4

9. List again on 05.08.2025.

JUDGE

Comparing Assistant