Sbi General Insurance Company Ltd vs Abdul Kalam And Ors
2025 Latest Caselaw 3783 Gua

Gauhati High Court

Sbi General Insurance Company Ltd vs Abdul Kalam And Ors on 5 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/3

GAHC010037722025




                                                           undefined

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

                         Case No. : MACApp./67/2025

         SBI GENERAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE ANDHEAD OFFICE AT NATRAJ BY
         RUSTOMJEE, 101, LUNCTION OF MV ROADANDWESTERN EXPRESS
         HIGHWAY, ANDHERI (EAST), MUMBAI-400069, ITS REGIONAL OFFICE 4TH
         FLOOR,B 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

         ABDUL KALAM AND ORS
         SON OF LATE HAZI SOYEB ALI, RESIDENT OF VILLAGE- LAMAJUAR,
         POST OFFICE- LAMAJUAR, POLICE STATION - BADARPUR, DISTRICT
         KARIMGANJ, ASSAM, PIN CODE- 788701

         2:BAHAR UDDIN
          SON OF TABARAK ALI
          OF- S.T. ROAD
          BADARPUR
          3 KHADIMAN
          POLICE STATION- BADARPUR
          DISTRICT- KARIMGANJ
         ASSAM
          PIN-788806

         3:ASMAN ALI MOZUMDAR
          SON OF LATE ADBUL LATIF MOZUMDAR
          RESIDENT OF VILLAGE - CHIPORSANGON
          POST OFFICE - ALGAPUR
          POLICE STATION- ALGAPUR
          DISTRICT- HAILAKANDI
                                                                       Page No.# 2/3

            ASSAM
            PIN CODE 78810

      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 25.11.2024 passed by the learned Member, Motor Accident Claims Tribunal, Karimganj in MAC Case No.94/2019.

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.

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 respondents by way of Registered Post with A/D as well as through usual process within 3 Page No.# 3/3

(three) days.

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

JUDGE

Comparing Assistant