The New India Assurance Co. Ltd vs Babul Ch. Nath And 2 Ors . A
2025 Latest Caselaw 5494 Gua

Gauhati High Court

The New India Assurance Co. Ltd vs Babul Ch. Nath And 2 Ors . A on 18 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                           Page No.# 1/3

GAHC010052252023




                                                                    undefined

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

                           Case No. : MACApp./234/2025

         THE NEW INDIA ASSURANCE CO. LTD .
         HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
         BUILDING, 87 MAHATMA GANDHI ROAD FORT, MUMBAI 400001 AND
         REGIONAL OFFICE AT GUWAHATI



         VERSUS

         BABUL CH. NATH AND 2 ORS . A
         S/O LATE HARENDRA KUMAR NATH RESIDENT OF RAILWAY QUARTER
         NO. 106 (A) SAKUNTALA COLONY PANDU, GUWAHATI 12, PS JALUKBARI
         DIST KAMRUP, ASSAM 781013

         2:SRI PULAKESH SHARMA
          S/O TARINI SHARMA

         RESIDENT OF VILLAGE BARNADI
         PO
         PS AND DIST NALBARI ASSAM 781335

         3:SRI TAPAN BARMAN
          S/O LANKESWAR BARMAN
         RESIDENT OF VILLAGE NARAKABAR
          PO KAHIPARA
          PS AZARA
          DIST KAMRUP ASSAM 78101

               For the Appellant(s)    : Ms. M. Choudhury, Advocate

               For the Respondent(s)    : Mr. J. Sarmah, Advocate
                                                                        Page No.# 2/3


                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 18.06.2025

Heard Ms. M. Choudhury, the learned counsel appearing on behalf of the appellant Insurance Company and Mr. J. Sarmah, the learned counsel appearing on behalf of the respondent No.1.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 10.10.2022 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup (M) at Guwahati in MAC Case No.267/2015 whereby an amount of Rs.5,58,689/- along with interest @6% per annum have been awarded from the date of filing of the claim petition i.e. 16.02.2015.

3. The learned counsel appearing on behalf of the appellant submitted that the learned Tribunal i.e. learned Member, Motor Accident Claims Tribunal, Kamrup (M) at Guwahati did not properly decide the issue as regards the defence taken by the appellant Insurance Company that the Driving License of the rider who was riding the motor cycle bearing Registration No. AS-14/D-2972 was a fake Driving License.

4. Taking into account the said grounds of objections, this Court admits the instant appeal.

5. Call for the records.

6. As the respondent No.1 is duly represented, extra copies of the memo of appeal be served upon Mr. J. Sarmah, the learned counsel during the course of the day.

Page No.# 3/3

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

8. List this matter after completion of service and receipt of the LCR.

JUDGE

Comparing Assistant