Sbi General Insurance Company Ltd vs Sume Begum @ Sumi Begum @ Sumi Khatun
2025 Latest Caselaw 3756 Gua

Gauhati High Court

Sbi General Insurance Company Ltd vs Sume Begum @ Sumi Begum @ Sumi Khatun on 5 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/3

GAHC010037672025




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

                         Case No. : MACApp./66/2025

         SBI GENERAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY
         RUSTOMJEE, 101, LUNCTION OF MV ROAD
          AND WESTERN EXPRESS HIGHWAY, ANDHERI (EAST), MUMBAI-400069,
         ITS REGIONAL OFFICE 4TH FLOOR, BLOCK, APEEJAY HOUSE, 15, PARK
         STREET, KOLKATA- 700 016, WEST BENGAL, AND ITS BRANCH OFFICE AT
         2ND FLOOR, LAKSHMI DARSHAN, OPPOSITE BORA SERVICE STATION,
         ULUBARI, G.S. ROAD, GUWAHATI-781007 REP. BY ITS SR. EXECUTIVE-
         LITIGATION AND TP.



         VERSUS

         SUME BEGUM @ SUMI BEGUM @ SUMI KHATUN
         WIFE OF MD. INAMUL HAQUE, RESIDENT OF VILLAGE-
         BHALUKEKHOWA, POLICE STATION TEZPUR, DISTRICT- SONITPUR,
         ASSAM, PIN CODE- 788701

         2:SUHANA BEGUM
          DAUGHTER OF MD. INAMUL HAQUE
          RESIDENT OF VILLAGE- BHALUKEKHOWA
          POLICE STATION - TEZPUR
          DISTRICT- SONITPUR
          ASSAM
          PIN CODE- 788701
         (THE RESPONDENT NO. 2 BEING MINOR IS REP. BY THE RESPONDENT
         NO.1- MOTHER)

         3:MOTIUR RAHMAN
          SON OF MANSUR ALI
          RESIDENT OF VILLAGE- BAGALIJAN
          POLICE STATION- LAKHIMPUR
          DISTRICT- LAKHMPUR
                                                                       Page No.# 2/3

            ASSAM
            PIN-787001

            4:RUPSUN ALI
             SON OF SAMSUL ALI
             RESIDENT OF VILLAGE-BUWALGURI
             POLICE STATION- LAKHIMPUR
             DISTRICT- LAKHIMPUR
            ASSAM
             PIN CODE 78700

      For the Appellant(s)    : Mr. T. Kalita, Advocate

      For the Respondent(s)   : None appears.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 05.03.2025

Heard Mr. T. Kalita, the learned counsel appearing on behalf of the appellant Insurance Company.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 04.12.2024 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur at Tezpur in MAC Case No.1/2023(I).

3. The learned counsel appearing on behalf of the appellant submitted that although pleadings were there as well as evidence was adduced that the vehicle in question did not have the permit which offended the terms of the contract insurance but the learned Tribunal below did not consider the said aspect of the matter while saddling the entire liability upon the appellant Insurance Company.

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4. Taking into account the above, the instant appeal stands admitted.

5. Call for the records.

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

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

JUDGE

Comparing Assistant