M/S. New India Assurance Co. Ltd vs Chafikul Alias@ Sofikul Hussain
2025 Latest Caselaw 3846 Gua

Gauhati High Court

M/S. New India Assurance Co. Ltd vs Chafikul Alias@ Sofikul Hussain on 7 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                  Page No.# 1/4

GAHC010039622025




                                                           undefined

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

                          Case No. : MACApp./71/2025

         M/S. NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87, MG
         ROAD, MUMBAI, AND ONE OF THE REGIONAL OFFICE AT STAR CITY
         COMPLEX, 5TH FLOOR, LACHIT NAGAR, GUWAHATI-781005, NEAR
         HANUMAN MANDIR



         VERSUS

         CHAFIKUL ALIAS@ SOFIKUL HUSSAIN
         S/O. SONAJAN @ SAJAN ALI, R/O- VILL. MANIKPUR, ADARSHAGAON, P.O-
         DHAKUAKHANA, PIN- 787055, DIST- LAKHIMPUR, ASSAM

         2:GAUTAM SEN
          S/O. LT. GANESH CH. SEN
          R/O. RISHI AUROBINDA ROAD
          HAKIMPARA
          SILIGURI
          PIN-734001
          DIST. DARJEELING
         WEST BENGAL.

         3:JIBAN NATH
          S/O. LT. MAHENDRA NATH
         VILL.- A. T .ROAD
          DHEKIAJURI
          P/O. TINSUKIA
          PIN-786125
          P/S. TINSUKIA TOWN 24 NO. SHEET (OG)
          DIST. TINSUKIA
         ASSAM
                                                       Page No.# 2/4


Linked Case : I.A.(Civil)/629/2025

NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGD OFFICE AT NEW INDIA ASSURANCE BUILDING 87
MG ROAD
MUMBAI
AND ONE OF THE REGIONAL OFFICES AT STAR CITY COMPLEX
5THF LOOR
LACHIT NAGAR
GUWAHATI- 781005
NEAR HANUMAN MANDITR


VERSUS

MD CHAFIKUL ALIAS SOFIKUL HUSSAIN
R/O- VILL- MANIKPUR
ADARSHAGAON
P.O- DHAKUAKHANA
PIN-787055
DIST- LAKHIMPUR
ASSAM

2:GAUTAM SEN
S/O. LT. GANESH CH. SEN
 R/O. RISHI AUROBINDA ROAD
 HAKIMPARA
 SILIGURI
 PIN-734001
 DIST. DARJEELING
WEST BENGAL.

3:JIBAN NATH
S/O. LT. MAHENDRA NATH
VILL.- A. T .ROAD
DHEKIAJURI
P/O. TINSUKIA
PIN-786125
P/S. TINSUKIA TOWN 24 NO. SHEET (OG)
DIST. TINSUKIA
ASSAM.
                                                              Page No.# 3/4

For the appellant (s)    : Mr. K. K. Bhatta, Advocate

For the respondent (s) : XXXX

                             BEFORE
              HON'BLE MR. JUSTICE DEVASHIS BARUAH
                            ORDER

07.03.2025

This is an Appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 20.12.2024 passed by the learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M) at Guwahati in MAC Case No.2004/2019 whereby the Appellant Insurance Company was saddled with the liability of Rs.18,22,623/- along with interest @ 9% per annum from the date of filing of the claim petition.

2. Mr. K. K. Bhatta, the learned counsel appearing on behalf of the appellant submitted that the claimant was the second driver and as the terms of the insurance policy did not include the second driver, the Insurance Company could not have been saddled with the liability. This aspect of the matter was duly argued before the learned Tribunal, but the learned Tribunal did not decide the same while passing the impugned judgment and award dated 20.12.2024 in MAC Case No.2004/2019.

Page No.# 4/4

3. Taking into account the said ground, the instant Appeal is admitted.

4. Call for the record(s).

5. Steps be taken upon the respondent by way of registered post with A/D as well as through usual process within 2 (two) days.

JUDGE

Comparing Assistant