Gauhati High Court
Page No.# 1/6 vs Abdul Rahman on 17 March, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/6
GAHC010039092025
2025:GAU-AS:2845
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./62/2025
MAGMA HDI GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24, PARK
STREET, KOLKATA-700016 AND BRANCH OFFICE AT 2ND FLOOR, F-FORT
BUILDING, SOUTH SARANIA, G.S. ROAD, GUWAHATI, ASSAM-781007.
VERSUS
ABDUL RAHMAN
S/O. JALALUDDIN, R/O. KARAYENI BENGALI, TEZPUR, P/O. PANCHMILE,
P/S. TEZPUR, DIST. SONITPUR, ASSAM, PIN-784001.
2:SAHED ALI
S/O. LT. RAJAB ALI
P/O. KARAYENI BENGALI
TEZPUR
P/O. PANCHMILE
P/S. TEZPUR
PIN-784001
DIST. SONITPUR
ASSAM
3:WAHIDUL JAMAL
S/O. MD ABDUL SALAM
R/O. VILL.- BHOJKHOWA
P/O. KOLIABHUMURA
P/S. TEZPUR
DIST. SONITPUR
ASSAM
PIN-78400
Page No.# 2/6
Advocate for the appellant(s): Mr. R Goswami
Advocate for the respondent(s): X X
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
17.03.2025
Heard Mr. R Goswami, the learned counsel appearing on behalf of the
appellant.
2. This is an appeal filed under Section 173 of the Motor Vehicle Act, 1988,
challenging the judgment and award dated 03.12.2024 passed by the learned
Member MACT, Sonitpur in MAC Case No.52/2021 (I) whereby an amount of
Rs.1,72,977/- was awarded as compensation along with interest @7.5% per
annum from the date of filing of the case till realisation.
3. Taking into account the ground of objections taken in the instant appeal,
this Court had taken up the instant appeal for a consideration under Order XLI
Rule 11 of the Code of Civil Procedure, 1908 (for short, the Code) as to whether
the grounds of objections are sufficient for admitting the instant appeal.
4. Mr. R Goswami, the learned counsel appearing on behalf of the appellant
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submitted that the ground of objection primarily relates to that the claimant was
a gratuitous passenger in a goods carrying vehicle and as such, the claimant
was not entitled to the compensation.
5. This Court at the very outset enquired with Mr. R Goswami, the learned
counsel as to whether such a plea was at all taken in the written statement filed
by the appellant Insurance Company before the Tribunal and further as to
whether evidence was adduced in that regard. The learned counsel with all
fairness submitted that there was no such plea taken in the written statement
nor any evidence was adduced in that regard.
6. In the backdrop of the above, let this Court take note of the facts which led
to the filing of the appeal.
The claimant is a vegetable vendor. On 20.06.2021, while he was carrying
vegetables from Ambagan, Nagaon to Tezpur Chowk in a vehicle bearing
registration No.AS-12BC-9052, the said vehicle turned upside down due to
excessive speed near Radio Centre Tezpur. As a result of that, the claimant
sustained injuries. He was admitted to the Kanaklata Civil Hospital and then he
was admitted to EMM Hospital, Tezpur. An ejahar was also lodged with the
Tezpur Police Station which was registered as Tezpur Police Station Case
No.1287/2021 under Sections 279/338 of the Indian Penal Code. The claimant
claimed an amount of Rs.20,00,000/- as compensation from the opposite
parties.
7. The owner and the driver appeared in the case and submitted their written
statement. It was stated that there was no rash and negligent driving of the
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vehicle bearing registration No. AS-12BC-9052 by the driver. It was further
mentioned that the driver had the valid driving license and the vehicle was
insured with the appellant Insurance Company. The appellant Insurance
Company also filed their written statement whereby all the allegations made by
the claimant were denied and the usual objections were taken as regards no
valid driving license, route permit etc. On consideration of the pleadings, the
learned Tribunal framed as many as four issues, which are as hereinunder:
(i).Whether the injured sustained injury in a road traffic accident, which
had taken place on 20.06.2021, due to rash and negligent driving of the
driver of the offending vehicle bearing registration No.AS-12BC-9052 (Tata
ACE)?
(ii).Whether the offending vehicle was duly covered with the insurance
policy at the relevant time of accident?
(iii).Whether the claimant is entitled to the relief as claimed for?
(iv).To what relief/reliefs, if any, parties are entitled to?
8. On behalf of the claimant, he himself adduced evidence and produced and
exhibited various documents. On behalf of the opposite parties, no witness was
adduced. The learned Tribunal upon taking into account the evidence on record,
came to an opinion that the driver of the vehicle bearing No. AS-12BC-9052 had
driven the vehicle in a rash and negligent manner. The learned Tribunal further
held that the vehicle was insured with the appellant Insurance Company and
there was no denial by the appellant Insurance Company that the vehicle was
not insured. On the basis of that the learned Tribunal came to a finding that an
amount of Rs.1,72,977/- was the just and fair compensation and awarded a
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further interest @7.5% per annum.
9. In the backdrop of the above, let this Court take note of the grounds of
objections so taken.
The grounds of objection is that the claimant was a gratuitous passenger.
Neither there was any pleadings to that effect nor there was any evidence direct
or corroborative. In the opinion of this Court, that in absence of any pleadings
and proof as regards the fact that the claimant was a gratuitous passenger, the
said ground of objection so raised does not hold water.
10. Accordingly, this Court does not find any merit in the instant appeal, for
which, the instant appeal stands dismissed.
11. The appellant Insurance Company is directed to deposit the amount so
awarded by the learned Tribunal within 6(six) weeks from today before the
learned Tribunal along with interest accrued thereon.
12. This Court further observes and directs that upon deposit of the said
amount before the learned Tribunal and upon production of the order from the
learned Tribunal that the said amount had been deposited, the appellant
Insurance Company is given the liberty to file an application before the Registry
for refund of the statutory deposit of Rs.25,000/-.
13. The Registry, on such application being made and taking into account that
the amount has been duly deposited before the Tribunal shall release the
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statutory deposit of Rs.25,000/- in favour of the appellant Insurance Company.
14. With the above, the instant appeal stands disposed of.
JUDGE
Comparing Assistant
