Gauhati High Court
National Insurance Company Ltd vs Bina Dey And Ors on 13 May, 2025
Page No.# 1/9
GAHC010234202012
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./171/2012
NATIONAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE and HEAD OFFICE AT 3, MIDDLETON
STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD,
BHANGAGARH, GUWAHATI, REPRESENTED BY THE CHIEF REGIONAL
MANAGER, GUWAHATI REGIONAL OFFICE. G.S ROAD, BHANGAGARH,
GUWAHATI.
VERSUS
BINA DEY and ORS
W/O LATE DILIP DEY MOTHER OF THE DECEASED RESIDENT OF LANE
NO. 1 HOUSE NO. 38 LINK ROAD, SILCHAR-6, DIST. CACHAR, ASSAM.
6:THE UNITED INDIA INSURANCE CO. LTD.
REPRESENTED BY THE DIVISIONAL MANAGER
THE UNITED INDIA INSURANCE CO. LTD.
OF SHYAMAPRASAD ROAD
P.O. and P.S. SILCHAR
CACHAR
ASSAM INSURER OF THE TRUCK NO. HR-38/M/133
Advocate for the Petitioner : MR.R GOSWAMI, MR.I ALAM
Advocate for the Respondent : MR.D CHAKRABORTY, MR. S C KEYAL,MS. P BARUAH,MS G
SARMAH,MS.M CHOUDHURY,MR.S DUTTA
Linked Case : MACApp./157/2012
Page No.# 2/9
UNITED INDIA INSURANCE CO LTD.
HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD
MADRAS AND REGIONAL OFFICE AT G.S. ROAD
DISPUR
GUWAHATI-781005 REPRESENTED BY ITS CHIEF REGIONAL MANAGER.
VERSUS
SUBODH KANTI MAZUMDAR @ SUBODH MAZUMDAR and ORS
S/O LATE SURESH CHANDRA MAZUMDER
2:SMT. BANANI MAZUMDER
W/O SRI SUBODH KANTI MAZUMDER @ SUBODH MAZUMDER. BOTH ARE
RESIDENTS OF LINK ROAD
LANE NO. 1 HOUSE NO. 35
SILCHAR-781006
CACHAR
ASSAM.
3:AJOY KUMAR DEB
S/O SRI NIKHIL RANJAN SEY
R/O LINK ROAD
LANE NO. 6
SILCHAR 781006
CACHAR
ASSAM OWNER OF VEHICLE NO. AS-11-B/8736
4:SULAKSHAN BALI
S/O SRI SURAJ BALI
C/O PREM SINGH
S/O LATE RATAN SINGH
LALMATI
BELTOLA
P.S. BASISTHA
GUWAHATI-781029 OWNER OF VEHICLE NO. HR-38-M/1333
5:THE NATIONAL INSURANCE CO. LTD.
REPRESENTED BY THE DIVISIONAL MANAGER
CACHAR DIVISION
CAPITALS TRAVEL BUILDING
CLOB ROAD
P.O. and P.S. SILCHAR
Page No.# 3/9
DIST. CACHAR
ASSAM. INSRER OF VEHICLE NO. AS-11-B/8736
------------
Advocate for : MS.M CHOUDHURY
Advocate for : MR. K K BHATTA (r-5) appearing for SUBODH KANTI
MAZUMDAR @ SUBODH MAZUMDAR and ORS
Linked Case : MACApp./176/2012
NATIONAL INSURANCE CO LTD
HAVING ITS REGISTERED OFFICE and HEAD OFFICE AT 3
MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD
BHANGAGARH
GUWAHATI
REPRESENTED BY THE CHIEF REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE G.S ROAD
BHANGAGARH
GUWAHATI
VERSUS
SUBODH KANTI MAJUMDAR and ORS
S/O LATE SURESH CHANDRA MAJUMDAR
FATHER OF THE DECEASED
2:SMT. BANANI MAJUMDAR
W/O SUBODH KANTI MAJUMDAR MOTHER OF THE DECEASED BOTH ARE
RESIDENTS OF LINK ROAD
LANE NO. 1 HOUSE NO. 35
SILCHAR-6
DIST. CACHAR
ASSAM.
3:AJOY KUMAR DEB
S/O SRI NIKHIL RANJAN DEB
R/O LINK ROAD
LANE NO. 6
P.O. SILCHAR 6
P.S. SILCHAR
DIST. CACHAR
ASSAM OWNER OF THE MARUTI ALTO CAR
VIDE NO. AS-11-B/8736
Page No.# 4/9
4:SULAKSHAN BALI
S/O SRI SURAJ BALI
C/O PREM SINGH
LALMATI
BELTOLA
P.S. BASISTA
GUWAHATI-29
DIST. KAMRUP
ASSAM OWNER OF TRUCK NO. HR-38-M/1333
5:ASHOK DAS
S/O LATE NIBARAN DAS
R/O LINK ROAD
LANE NO. 6
P.O.SILCHAR
DIST. CACHAR
ASSAM DRIVER OF MARUTI ALTO CAR NO. AS-11-B/8736
6:MONISH KUMAR
S/O SRI RAJENDAR SINGH
VILL. KAHANU WALA
P.S. PAUNTA SAHIB
DIST SIRMOR
HIMACHAL PRADESH DRIVER OF THE TRUCK NO. HR-38-M/1333
7:THE UNITED INDIA INSURANCE CO. LTD.
REPRESENTED BY THE DIVISIONAL MANAGER
THE UNITED INDIA INSURANCE CO. LTD. OF SHYAMAPRASAD ROAD
P.O. and P.S. SILCHAR
CACHAR
ASSAM INSURER OF THE TRUCK NO. HR-38-M/1333
------------
Advocate for : MR.B S GOSWAMI
Advocate for : MR.S DUTTA appearing for SUBODH KANTI MAJUMDAR and ORS
Linked Case : MC/2574/2012
NATIONAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE and HEAD OFFICE AT 3
MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT G.S. ROAD
BHANGAGARH
Page No.# 5/9
GUWAHATI
REPRESENTED BY THE CHIEF REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE. G.S ROAD
BHANGAGARH
GUWAHATI.
VERSUS
BINA DEY and ORS
W/O LATE DILIP DEY MOTHER OF THE DECEASED RESIDENT OF LANE NO.
1 HOUSE NO. 38
LINK ROAD
SILCHAR-6
DIST. CACHAR
ASSAM.
2:AJOY KUMAR DEB
S/O SRI NIKHIL RANJAN DEB
R/O LINK ROAD
LANE NO 6
P.O. SILCHAR-6
P.S.SILCHAR
DIST. CACHAR
ASSAM. OWNER OF THE MARUTI ALTO CAR
VIDE NO. AS-11-B/8736
3:SULAKSHAN BALI
S/O SRI SURAJ BALI
C/O PREM SINGH
LALMATI
BELTOLA
P.S. BASISTHA
GUWAHATI-29
DIST. KAMRUP
ASSAM OWNER OF TRUCK NO. HR-38-M/1333
4:ASHOK DAS
S/O LATE NIBARAN DAS
R/O LINK ROAD
LANE NO. 6
P.O. SILCHAR-6
P.S. SILCHAR
DIST. CACHAR
ASSAM. DRIVER OF MARUTI ALTO CAR NO. AS-11-B/8736
Page No.# 6/9
5:MONISH KUMAR
S/O SRI RAJENDAR SINGH
VILL. KAHANU WALA
P.S. PAUNTA SAHIB
DIST. SIRMOR
HIMACHAL PRADESH DRIVER OF THE TRUCK NO. HR-38-M/1333
6:THE UNITED INDIA INSURANCE CO. LTD.
REPRESENTED BY THE DIVISIONAL MANAGER
THE UNITED INDIA INSURANCE CO. LTD.
OF SHYAMAPRASAD ROAD
P.O. and P.S. SILCHAR
CACHAR
ASSAM INSURER OF THE TRUCK NO. HR-38/M/1333
------------
Advocate for : MR.I ALAM
Advocate for : appearing for BINA DEY and ORS
Linked Case : MACApp./153/2012
UNITED INDIA INSURANCE CO LTD.
HAVING ITS REGISTERE OFFICE AT 24
WHITES ROAD
MADRAS AND REGIONAL OFFICE AT G.S. ROAD
DISPUR
GUWAHATI-781005 REPRESENTED BY ITS CHIEF REGIONAL MANAGER.
VERSUS
BINA DEY and ORS
W/O LATE DILIP DEY
R/O LINK ROAD
LANE NO. 1 SILCHAR-781006
CACHAR
ASSAM.
2:AJOY KUMAR DEB
S/O SRI NIKHIL RANJAN SEY
R/O LINK ROAD
LANE NO. 6
SILCHAR-781006
CACHAR
Page No.# 7/9
ASSAM OWNER OF VEHICLE NO. AS-11-B/8736
3:SULAKASHAN BALI
S/O SRI SURAJ BALI
C/O PREM SINGH
S/O LATE RATAN SINGH
LALMATI
BELTOLA
P.S. BASISTA
GUWAHATI-781029 OWNER OF VEHICLE NO. HR-38-M/1333
4:THE NATIONAL INSURANCE CO. LTD.
REPRESENTED BY THE DIVISIONAL MANAGER
CACHAR DIVISION
CAPITALS TARVELS BUILDING
CLOB ROAD
P.O. and P.S. SILCHAR
DIST CACHAR
ASSAM INSURER OF VEHICLE NO AS-11-B/8736
------------
Advocate for : MR.D CHAKRABORTY
Advocate for : MR.U K DUTTA appearing for BINA DEY and ORS
Linked Case : MACApp./148/2012
UNITED INDIA INSURANCE CO LTD.
HAVING ITS REGISTERED OFFICE AT 24
WHITES ROA
MADRAS AND REGIONAL OFFICE AT G.S. ROAD
DISPUR
GUWAHATI-781005 REPRESENTED BY ITS CHIEF REGIONAL MANAGER
VERSUS
ASHOK DAS and ORS
S/O LATE NIBARAN DAS
R/O LINK ROAD
LANE NO. 6
P.S. SILCHAR
DIST. CACHAR
ASSAM.
2:AJOY KUMAR DEB
Page No.# 8/9
S/O SRI NIKHIL RANJAN SEY
R/O LINK ROAD
LANE NO. 6
SILCHAR-781006
CACHAR
ASSAM OWNER OF VEHICLE NO. AS-11-B/8736
3:SULAKSHAN BALI
S/O SRI SURAJ BALI
C/O PREM SINGH
S/O LATE RATAN SINGH
LALMATI
BELTOLA
P.S. BASISTA
GUWAHATI-781029 OWNER OF VEHICLE NO. HR-38-M/1333
4:THE NATIONAL INSURANCE CO. LTD.
REPRESENTED BY THE DIVISIONAL MANAGER
CACHAR DIVISION
CAPITALS TRAVEL BUILDING
CLOB ROAD
P.O. and P.S. SILCHAR
DIST. CACHAR
ASSAM INSURER OF VEHICLE NO. AS-11-B/8736
------------
Advocate for : MR.S DUTTA
Advocate for : MR.S C KEYAL appearing for ASHOK DAS and ORS
BEFORE
HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
Date : 13.05.2025
Heard Mr. R. Goswami, learned counsel for the appellant along with
Ms. P. Baruah, learned counsel for the respondent/claimants.
This Court finds that the issue in MACApp. No. 171 of 2012 and MACApp.
No. 176 of 2012 are different from issue in MACApp. No. 148 of 2012, MACApp.
No. 153 of 2012 and MACApp No. 157 of 2012. Therefore MACApp. No. 171 of
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2012 and MACApp. No. 176 of 2012 are heard, and segregated from MACApp. No.
148 of 2012, MACApp. No. 153 of 2012 and MACApp No. 157 of 2012.
Having heard the submissions made by the learned counsels for both the
parties in MACApp. No. 171 of 2012 and MACApp. No. 176 of 2012, matter is
reserved for judgment and order.
JUDGE
Comparing Assistant
