Bajaj Allianz General Insurance ... vs Girikanta Mahanta And 5 Ors
2025 Latest Caselaw 788 Gua

Gauhati High Court

Bajaj Allianz General Insurance ... vs Girikanta Mahanta And 5 Ors on 3 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/8

GAHC010060492024




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

                          Case No. : CRP(IO)/111/2024

         BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED AND HEAD OFFICE AT GE PLAZA, AIRPORT
         ROAD, YERWADA, PUNE- 411006, MAHARASHTRA AND ITS BRANCH
         OFFICE AT 2ND FLOOR, SREEJI TOWER, ADJACENT TO MAHINDRA
         SHOWROOM, CHRISTIAN BASTI, G.S. ROAD, GUWAHATI-781006,
         REPRESENTED BY ITS EXECUTIVE LEGAL OFFICER.



         VERSUS

         GIRIKANTA MAHANTA AND 5 ORS.
         S/O- HEMKANTA MAHANTA, R/O- VILL.- MEKANAR CHUBURI, P.O.
         BIHAGURI, P.S. TEZPUR, DIST. SONITPUR, ASSAM, PIN- 784153.

         2:KIRU GURIA
          S/O- GABREEL GURIA
          R/O- VILL.- PURANI GHAGRA
          BINDUKURI
          P.S. TEZPUR
          DIST.- SONITPUR
         ASSAM
          PIN- 784502.

         3:UTTAM TANTI
          S/O- KHIROD TANTI
          R/O- VILL.- KATHALGURI TEA ESTATE
          P.O. BINDUKURI
          P.S. TEZPUR
          DIST. SONITPUR
         ASSAM
          PIN- 784502.

         4:THE STATE OF ASSAM
                                                              Page No.# 2/8


           REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY
           HOME AND POLITICAL DEPARTMENT
           GOVERNMENT OF ASSAM
           DISPUR
           GUWAHATI-781006

           5:THE ADDITIONAL CHIEF SECRETARY
           TRANSPORT DEPARTMENT
            GOVERNMENT OF ASSAM
            DISPUR
            GUWAHATI-781006

           6:THE OFFICER-IN-CHARGE
           TEZPUR POLICE STATION

           DISTRICT- SONITPUR
           ASSAM




                                BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                     ORDER

03.06.2025

Heard Mr. T Kalita, the learned counsel appearing on behalf of the petitioner. Mr. D Nath, the learned Senior Government Advocate, Assam appears on behalf of the respondent Nos.4, 5 and 6.

2. Pursuant to the order passed by this Court on 13.05.2025, it is seen that the Superintendent of Police, Sonitpur, Tezpur by the communication to the Deputy Registrar, Gauhati High Court, Guwahati has submitted the First Accident Report (FAR), Interim Accident Page No.# 3/8

Report (IAR) and Detailed Accident Report (DAR) in respect of Tezpur Police Station Case No.828/2022.

3. Mr. D Nath, the learned Senior Government Advocate, Assam appearing on behalf of the Home and Political Department as well as the Transport Department of the Government of Assam submitted that pursuant to the judgment of the Supreme Court in the case of Gohar Mohammed Vs. Uttar Pradesh State Road Transport Corporation and Others, reported in (2023) 4 SCC 381 certain steps have been taken for implementation of the directions contained therein and sensitizing the Police Officials of Assam in respect to the said directions. He submits that both the Home and Political Department as well as the Transport Department of the Government of Assam are also envisaging issuance of appropriate Notifications so that the directions so passed by the Supreme Court in the case of Gohar Mohammed (supra) are duly implemented in letter and spirit. He, therefore, submitted that some more time may be given so that he can bring to the notice of this Court the various Notifications which both the Departments are proposing to issue and he would like to also file an affidavit in that regard.

4. Mr. Nath has also placed certain documents before this Court which are collectively marked with the letter 'X'.

5. The Registry is directed to maintain a separate file for these Page No.# 4/8

documents.

6. It is relevant to take note of that the present proceedings arises out of delay of 16 days being condoned in filing the claim proceedings which was registered and numbered as MAC Case No.118/2022 (Injury) that too, without notice of the petitioner. It was the specific case of the petitioner that in view of Section 166(3) of the Motor Vehicles Act, 1988 (for short, 'the Act of 1988') the claim proceedings in respect to accidents occurring after 01.04.2022 cannot be initiated beyond the period of 6(six) months from the date of the accident.

7. Taking into account the directions so passed by the Supreme Court in the case of Gohar Mohammed (supra), this Court had passed certain direction(s) from time to time in the present proceedings as would be more apparent from a perusal of the detailed orders dated 23.04.2025 and 13.05.2025.

8. Now taking into account that the First Accident Report (FAR), Interim Accident Report (IAR) and Detailed Accident Report (DAR) had already been submitted in respect to Tezpur Police Station Case No.828/2022 before this Court, this Court, therefore, directs the Registry of this Court to forthwith transmit the communication dated 22.05.2025 along with the First Accident Report (FAR), Interim Accident Report (IAR) and Detailed Accident Report (DAR) in respect of Tezpur Police Station Case No.828/2022 to the Court of the learned Page No.# 5/8

Member, MACT, Tezpur. Upon receipt of the said documents, more particularly, the Interim Accident Report (IAR) and Detailed Accident Report (DAR), the learned Member, MACT, Tezpur shall do the needful in terms with Clause 21 of Annexure-XIII to the Central Motor Vehicles Rules, 1989 as amended by Central Motor Vehicles (Fifth Amendment) Rules 2022. For the sake of convenience Clause 21 is reproduced hereinunder:

"21. Claims Tribunal shall treat DAR as a claim petition for compensation under subsection (4) of Section 166 of the Motor Vehicles Act, 1988

(1) The Claims Tribunal shall treat the DAR filed by the Investigating Officer as a claim petition under Sub-Section (4) of Section 166 of the Motor Vehicles Act, 1988. However, where the Investigating Officer is unable to produce the claimant(s) on the first date of hearing, the Claims Tribunal shall register the DAR as a claim petition after the appearance of the claimant(s).

(2) Where the claimant(s) have filed a separate claim petition, the DAR may be tagged along with the claim petition.

(3) If the Report under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974) has not been filed at the time of Page No.# 6/8

filing of the DAR, the Claims Tribunal may either wait till filing of the Report under Section 173 of the said Code of Criminal Procedure or record the statement of the eye witness(es) to satisfy itself with respect to the negligence before passing the award.

(4) The Claims Tribunal shall register the FAR as a Miscellaneous application and the IAR as well as DAR shall be taken on record in the same Miscellaneous application."

9. In that view of the matter, this Court, therefore, directs the learned Member, Motor Accident Claims Tribunal, Tezpur to treat the DAR as a claim petition under sub-section (4) of Section 166 of the Act of 1988.

10. The MAC Case No.118/2022 (Injury) be tagged along with the said DAR and on the basis thereof, shall proceed with the disposal of the said claim proceedings in accordance with law.

11. This Court further duly takes note of that in the order dated 13.05.2025, it has been duly recorded that the charge-sheet in respect to Tezpur Police Station Case No.828/2022 had been submitted on 29.09.2022 itself. A copy of the said charge-sheet is required to be a part of the DAR which, however, is not. Consequently, this Court, therefore, directs the respondent No.6 i.e. the Officer-in- Charge, Tezpur Police Station to submit a copy of the charge sheet Page No.# 7/8

dated 29.09.2022 in respect to Tezpur Police Station Case No.828/2022 to the learned Member, Motor Accident Claims Tribunal, Tezpur within 10(ten) days from the date of the present order. Mr. D Nath, the learned Senior Government Advocate shall duly inform the Respondent No.6 of this direction.

12. The Registry shall also ensure that the documents being First Accident Report (FAR), Interim Accident Report (IAR) and Detailed Accident Report (DAR) in respect to Tezpur Police Station Case No.828/2022 which are placed before this Court pursuant to the order dated 13.05.2025 is also transmitted to the learned Member, Motor Accident Claims Tribunal, Tezpur at the earliest, taking into account that the same are received by the learned Member, Motor Accident Claims Tribunal within 15(fifteen) days from today.

13. The stay order passed by this Court on 27.03.2024 in respect to MAC Case No.118/2022(Injury) stands vacated and the petitioner, who is the Insurance Company shall appear before the learned Tribunal on 25.06.2025. The learned Tribunal shall intimate the claimants about the order passed today, taking into account that the instant order is being passed in absence of the claimants.

14. It is further observed that upon appearance of the petitioner, who is the Insurance Company, a copy of the Detailed Accident Report (DAR) be furnished to the petitioner Insurance Company so that the Page No.# 8/8

obligations cast in Annexure-XIII upon the Insurance Company can be carried out by the Insurance Company.

15. This Court, however, taking into account that a larger issue is involved keeps the present proceedings pending along with the remaining revision petitions so that this Court can pass appropriate order(s) to ensure implementation of the directions given by the Supreme Court in the case of Gohar Mohammed (supra).

16. List the matter again on 22.07.2025

17. A copy of this order be forthwith transmitted by the Registry to the learned Tribunal for necessary compliance.

JUDGE

Comparing Assistant