Page No.# 1/3 vs Jayanti Handique
2025 Latest Caselaw 4051 Gua

Gauhati High Court

Page No.# 1/3 vs Jayanti Handique on 12 March, 2025

                                                                       Page No.# 1/3

GAHC010240192024




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

                                  Case No. : MACApp./615/2024

            HABIBUR RAHMAN AND ANR
            S/O LATE JAHIRUDDIN AHMED, RESIDENT OF FLAT NO. 2B, 2ND FLOOR ,
            NIBAS APARTMENT, CID ROAD, ULUBARI, DIST KAMRUP M ASSAM
            781007

            2: SRI REKIB ALI
             S/O MOHD. IMDADUL HOQUE
             RESIDENT OF VILLAGE GOWALPARA
             PO AND PS SIPAJHAR
             DIST DARRANG
            ASSAM 78414

            VERSUS

            JAYANTI HANDIQUE
            W/O LATE NILAKANTA HANDIQUE,
            RESIDENT OF HOUSE NO. 48. OPP. BISHNU RABHA PATH, PS DISPUR
            GUWHATI DIST KAMRUP M ASSAM 781034



Advocate for the Petitioner   : G IMTIAZ, MR. A SATTAR

Advocate for the Respondent : ,


             Linked Case : I.A.(Civil)/3690/2024

            HABIBUR RAHMAN AND ANR
            S/O LATE JAHIRUDDIN AHMED
            RESIDENT OF FLAT NO. 2B
            2ND FLOOR
            NIBAS APARTMENT
            CID ROAD
                                                                       Page No.# 2/3

            ULUBARI
            DIST KAMRUP M ASSAM 781007

            2: SRI REKIB ALI
            S/O MOHD. IMDADUL HOQUE
             RESIDENT OF VILLAGE GOWALPARA
             PO AND PS SIPAJHAR
             DIST DARRANG
            ASSAM 784148
            VERSUS

            JAYANTI HANDIQUE
            W/O LATE NILAKANTA HANDIQUE
             RESIDENT OF HOUSE NO. 48. OPP. BISHNU RABHA PATH
             PS DISPUR GUWHATI DIST KAMRUP M ASSAM 781034


            ------------
            Advocate for : G IMTIAZ
            Advocate for : appearing for JAYANTI HANDIQUE



                                  BEFORE
                    HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                        ORDER

Date : 12.03.2025

Heard Mr. A. Sattar, learned counsel for the appellant.

This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 r/w Rule 108 of the Assam Motor Vehicles Rules, 2003 and Order XLI of the Code of Civil Procedure, 1908 against the Judgment & Award dated 27.08.2024 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati in MAC Case No. 312/2016.

The learned counsel for the appellant submits that there are sufficient grounds for setting aside the impugned judgment and order, since the learned Tribunal had failed to appreciate the evidence in its proper perspective and Page No.# 3/3

made the instant appellant liable to pay the awarded amount when the vehicle of the appellant was not involved in the said accident.

Appeal is admitted.

Issue notice to the respondents through registered post with A/D within 3 days, returnable by three weeks as well as through usual process.

List the matter after 3 (three) weeks.

Meanwhile, LCR is to be called for.

JUDGE

Comparing Assistant