Gauhati High Court
Page No.# 1/4 vs The Regional Manager National ... on 17 March, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010242332017
2025:GAU-AS:2833
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./509/2017
SMTI PADUMI SAIKIA
W/O JOGESWAR SAIKIA, R/O MADHABPUR PATH, P.O. DISPUR, DIST.
KAMRUP M, ASSAM.
VERSUS
THE REGIONAL MANAGER NATIONAL INSURANCE CO. LTD and 3 ORS
NATIONAL INSURANCE CO. LTD., GUWAHATI REGIONAL OFFICE,
BHANGAGARH, G.S. ROAD, GUWAHATI 781005
2:THE DIVISIONAL MANAGER
NATIONAL INSURANCE CO. LTD.
ARUN PRAKASH MANSION
BHANGAGARH
G.S. ROAD
GUWAHATI-781005
3:SARAIGHAT PHOTO TYPE
REPRESENTED BY ITS PROPRIETOR
53 INDUSTRIAL ESTATE
BAMUNIMAIDAM
GUWAHATI 781021
4:RAJ KUMAR SINHA
S/O SRI MOMI BABU SINHA
R/O VILL. BASHSARA
P.O. KUMARGHAT
DIST. NORTH TRIPURA TRIPURA
PIN 799264 PRESENT ADDRESS VILL. HATISILA
P.O. PRAGJYOTISHPUR
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DIST. KAMRUP M
ASSAM
PIN 78113
For the Appellant(s) : Mr. P. P. Das, Advocate
For the Respondent(s) : Mr. R. K. Bhatra, Advocate
: Ms. A. Biyani, Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 17.03.2025
Heard Mr. P. P. Das, the learned counsel appearing on behalf
appellant and Ms. A. Biyani, the learned counsel appearing on behalf of
the Insurance Company.
2. The present appeal has been filed challenging the judgment and
order dated 23.06.2017 by which the learned Member, Motor Accident
Claims Tribunal No.3, Kamrup (M) at Guwahati had dismissed the claim
proceedings being MAC Case No.885/2011.
3. The ground of objection so taken in the instant appeal is that the
appellant was not afforded adequate opportunity.
4. This Court has perused the records as well as the impugned
judgment and award and heard the learned counsels for the parties.
5. It is seen from the records that pursuant to filing of the claim
proceedings, the owner of the vehicle as well as the Insurance Company
have filed their written statements. On the basis of that, two issues were
framed which pertains to :
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(i) Whether the victim Durlav Saikia died in the alleged road traffic
accident on 31.12.2010 at Panikhaity due to rash and negligent
driving of the driver of vehicle No.AS-01-Q-3045 (mini truck)?
(ii) Whether the claimant is entitled for compensation, if so from whom
and what will be just and fair compensation?
6. It is seen that the said claim proceedings was filed in the year 2011.
In the said claim proceedings, the claimant did not file any document
which would show that there was a vehicular accident which took place
on 31.12.2010 at 4:10 PM at Panikhaity, Lohapara wherein the son of the
claimant died in the motor vehicle accident. In addition to that, the
claimant further failed to prove by introducing any evidence and rather
preferred not to appear before the learned Tribunal to proceed with the
case.
7. This Court upon perusal of the records, finds it relevant to observe
that the learned Tribunal after framing issues on 10.06.2016 fixed
22.09.2016 for the purpose of the evidence of the claimant. The claimant
took time on 22.09.2016, 08.11.2016, 22.02.2017 and the Court
thereupon on 22.09.2017 made it categorically clear that the next date
was fixed on 28.03.2017 as a last chance. However, on 28.03.2017,
25.04.2017 as well as on 28.04.2017, the claimant did not adduce
evidence in spite of opportunities being provided. It is also seen that
thereupon on 23.06.2017, the learned Tribunal taking into account that
there was no evidence adduced by the claimant had dismissed the claim
proceedings.
8. This Court has also perused the reasons assigned by the learned
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Tribunal and from the said reasons, this Court finds no ground to
interfere with the said impugned judgment and order dated 23.06.2017
passed in MAC Case No.885/2011 for which, the instant appeal stands
dismissed.
9. The Registry is directed to forthwith return the LCR to the learned
Court below.
JUDGE
Comparing Assistant
