Gauhati High Court
The New India Assurance Co. Ltd vs Shilpa Agarwal And 4 Ors on 17 March, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010268192024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./81/2025
THE NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW ASSURANCE
BUILDING 87, MG ROAD, FORT, MUMBAI-400001 AND ONE OF THE
REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, M.S.S. PATH,
LACHIT NAGAR, GUWAHATI-781005,AND VARIOUS DIVISIONAL BRANCH
AND MICRO OFFICES THROUGHOUT THE COUNTRY
VERSUS
SHILPA AGARWAL AND 4 ORS
W/O. AKASH AGARWAL, R/O. MANKACHAR BAZAR, P/S. MANKACHAR,
DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131.
2:ROYAL CONSTRUCTION
H/ONO. 4
KUNDIL NAGAR
BELTOLA BASISTHA CHARIALI
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN-781029.
3:RUSTAM ALI
S/O. TASLIM ANSARI
R/O. BORA COMPLEX
NALAPARA
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN-781029.
4:SUMEET AGARWAL
Page No.# 2/5
S/O. RATANLAL AGARWAL
R/O. BARA BAZAR OPPOSITE TO DURGA MANDIR
P/O. PANDU
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN-781012.
5:UNITED INDIA INSURANCE COMPANY LIMITED
REGIONAL OFFICE
CHIBBER HOUSE
M.S.S PATH
DISPUR
GUWAHATI
KAMRUP (M0
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN-781005
Linked Case : I.A.(Civil)/704/2025
THE NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW ASSURANCE
BUILDING 87
MG ROAD
FORT
MUMBAI-400001 AND ONE OF THE REGIONAL OFFICE AT STAR CITY
COMPLEX
5TH FLOOR
M.S.S. PATH
LACHIT NAGAR
GUWAHATI-781005
AND VARIOUS DIVISIONAL BRANCH AND MICRO OFFICES THROUGHOUT
THE COUNTRY
VERSUS
SHILPA AGARWAL AND 4 ORS
W/O. AKASH AGARWAL
R/O. MANKACHAR BAZAR
P/S. MANKACHAR
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN-783131.
Page No.# 3/5
2:ROYAL CONSTRUCTION
H/ONO. 4
KUNDIL NAGAR
BELTOLA BASISTHA CHARIALI
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN-781029.
3:RUSTAM ALI
S/O. TASLIM ANSARI
R/O. BORA COMPLEX
NALAPARA
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN-781029.
4:SUMEET AGARWAL
S/O. RATANLAL AGARWAL
R/O. BARA BAZAR OPPOSITE TO DURGA MANDIR
P/O. PANDU
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN-781012.
5:UNITED INDIA INSURANCE COMPANY LIMITED
REGIONAL OFFICE
CHIBBER HOUSE
M.S.S PATH
DISPUR
GUWAHATI
KAMRUP (M0
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN-781005.
For the appellant (s) : Mr. A. J. Saikia, Advocate
For the respondent (s) : Mr. A. R. Agarwala, Advocate
Page No.# 4/5
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
17.03.2025
Heard Mr. A. J. Saikia, the learned counsel appearing on
behalf of the appellant. Mr. A. R. Agarwal, the learned counsel
appears on behalf of the respondents.
2. This is an Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 challenging the judgment and award dated
17.09.2024 passed by the learned Member, MACT No.3, Kamrup
(M) in MAC Case No.2223/2017.
3. Mr. A. J. Saikia, the learned counsel for the appellant
submitted that the learned Tribunal had erred in law as well as
the facts in not taking into consideration that the vehicle in
question did not have the requisite permit to ply in the State of
Meghalaya, and as such, as per the terms of the insurance policy,
the Appellant Insurance Company would not have been saddled
the liability. The learned counsel for the appellant further
submitted that on account of loss of amenities an amount of
Rs.10,000/- had been awarded although there was no
permanent disability. He therefore submitted that on this ground,
the impugned judgment and award dated 17.09.2024 passed by
Page No.# 5/5
the learned Member, MACT No.3, Kamrup (M) in MAC Case
No.2223/2017 is required to be interfered with.
4. Taking into account the above, the instant Appeal is
admitted.
5. Call for the record(s).
6. Steps be taken upon the respondents by way of registered
post with A/D as well as through usual process during the course
of the day.
7. List this matter along with MAC App No.80/2025.
JUDGE
Comparing Assistant
