The New India Assurance Co. Ltd vs Smti Ripika Kalita And 2 Ors
2025 Latest Caselaw 838 Gua

Gauhati High Court

The New India Assurance Co. Ltd vs Smti Ripika Kalita And 2 Ors on 4 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                    Page No.# 1/3

GAHC010111292025




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

                         Case No. : MACApp./239/2025

         THE NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA INDIA
         ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD, FORT, MUMBAI
         400001 AND ONE OF THE REGIONAL OFFICE AT STATE CITY COMPLEX,
         5TH FLOOR, M.S.S. PATH, LACHIT NAGAR, GUWAHATI 781007 AND
         VARIOUS DIVISIONAL, BRANCH AND MICRO OFFICES THROUGHOUT THE
         COUNTRY



         VERSUS

         SMTI RIPIKA KALITA AND 2 ORS
         W/O LATE ABANI KALITA, R/O VILL. AND P.O. JANIGOG, P.S. NALBARI,
         DIST. NALBARI, ASSAM, PIN 781334

         2:SMTI. JONALI BAISHYA

          W/O BIMAL BAISHYA
          R/O CARE OF PRANJIT TALUKDAR
          BEHARBARI
          SONKUCHI
          GUWAHATI
          DIST. KAMRUP(M)
          ASSAM
          PIN 781029

         3:PRATUL BAISHYA

          S/O MAHIDHAR BAISHYA
          R/O VILL. MOROWA BARBHAG
          P.O. MOROWA
          DIST. NALBARI
          ASSAM
                                                                      Page No.# 2/3

             PIN 78134




Advocate for the appellant(s): Mr. AJ Saikia


Advocate for the respondent(s):


                                  BEFORE
                  HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                     ORDER

04.06.2025

Heard Mr. AJ Saikia, the learned counsel appearing on behalf of the appellant.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the impugned judgment and award dated 25.02.2025 passed by the learned Member, Motor Accident Claims Tribunal No.2 Kamrup(M) Guwahati in MAC Case No.468/2020.

3. The learned counsel for the appellant submits that the there are two grounds of objection taken in the appeal. The first ground is that the driver of the vehicle did not have a valid license for driving the offending vehicle and as such, there was a violation of the terms and conditions of the Insurance Policy. Secondly, the learned Tribunal failed to take into account that the compensation on account of pain and suffering could not have been granted taking into account that the injured had already expired during the pendency of the claim Page No.# 3/3

proceedings.

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

5. Call for the records.

6. Steps for service of notice upon the respondents by way of registered post with A/D as well as through usual process within 3(three) days from today.

7. List the appeal on completion of service and after receipt of the LCR.

JUDGE

Comparing Assistant