The New India Assurance Co. Ltd vs Bijeet Gogoi
2025 Latest Caselaw 4495 Gua

Gauhati High Court

The New India Assurance Co. Ltd vs Bijeet Gogoi on 26 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                                Page No.# 1/3

GAHC010038292025




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

                               Case No. : MACApp./90/2025

         THE NEW INDIA ASSURANCE CO. LTD.
         A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REP. BY ITS
         REGIONAL MANAGER, G.S. ROAD, GUWAHATI-7.



         VERSUS

         BIJEET GOGOI
         S/O. SRI PRADIP GOGOI, R/O. JULIGURI GAON, P/O. LAHOWAL, P/S.
         LAHOWAL, DIST. DIBRUGARH, ASSAM-786010.

         2:GOPINATH SONOWAL
          S/O. KULESWAR SONOWAL
          R/O. VILL.- NAHARONI GAON
          P/O. NAHARONI VIA BORBORUAH
          P/S. BORBORUAH
          DIST. DIBRUGARH
         ASSAM-786007.

         3:LAKHINATH KONWAR
          S/O. LATE GOKUL KONWAR
          R/O. JULIGURI GAON
          P/O. LAHOWAL
          P/S. LAHOWAL
          DIST. DIBRUGARH
         ASSAM-786010

                   For the Appellant(s)     : Mr. A. Acharya, Advocate

                   For the Respondent(s)    : None appears.
                                                                        Page No.# 2/3


                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 26.03.2025

Heard Mr. A. Acharya, the learned counsel appearing on behalf of the Appellant Insurance Company.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 14.11.2024 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh in MAC Case No.42/2019 whereby the learned Tribunal awarded an amount of Rs.5,40,000/- along with interest @7% per annum from the date of filing of the claim petition till payment to the claimant.

3. The grounds of objection made by the Appellant Insurance Company in the instant matter are two folds. First that the learned Tribunal did not properly appreciate the evidence of DW-1 in coming to the conclusion that the Driving License of the driver of the vehicle was not valid. The second ground of objection so taken is that the medical bills which were so submitted were in the tune of Rs.3,90,000/- however the learned Tribunal had granted an amount of Rs.4,50,000/- on account of medical expenses.

4. Taking into account the said grounds of objection, the instant appeal stands admitted.

5. Call for the records.

6. The appellant is directed to take steps upon the respondent by way of Registered Post with A/D as well as through usual process within 3 Page No.# 3/3

(three) days.

7. List this matter after completion of service and receipt of the LCR.

JUDGE

Comparing Assistant