Gauhati High Court
United India Insurance Co. Ltd vs Devi Rani Guha And 3 Ors on 26 May, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010102112025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./207/2025
UNITED INDIA INSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD,
CHENNAI 600014 AT 24, WHITES ROAD, CHENNAI 600014 AND ITS
REGIONAL OFFICE AT CHIBBAR HOUSE, 1ST FLOOR, G.S. ROAD, NEAR
DISPUR, POST OFFICE, GUWAHATI, KAMRUP (M), PIN 781005, GUWAHATI
REGIONAL OFFICE.
VERSUS
DEVI RANI GUHA AND 3 ORS
W/O GOPAL GUHA
2:GOPAL GUHA
S/O LATE SUKUMAR GUHA
BOTH ARE R/O VILL. DURGABARI
P.S. KRISHNAI
P.O. KRISHNAI
DIST. GOALPARA
ASSAM
PIN 783101
3:MR. CHOTALAL SAH
S/O KRISHNA SAH
R/O VILL. RONGRAM BAZAR
P.O. RONGRAM BAZAR
P.S. WILLIAM NAGAR
DIST. WEST GARO HILLS
MEGHALAYA
PIN 794111
Page No.# 2/4
4:SANJIT BORO
S/O PRADIP BORO
R/O VILL. DILINGA
SONAPUR
P.S. BOKO
P.O. SINGRA DIST. KAMRUP(R)
ASSAM
PIN 78112
Linked Case : I.A.(Civil)/1618/2025
UNITED INDIA INSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD
CHENNAI 600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE
1ST FLOOR
G.S. ROAD
NEAR DISPUR
P.O. GUWAHATI
KAMRUP(M)
PIN 781005 REPRESENTED BY THE REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE.
VERSUS
DEVI RANI GUHA AND 3 OTHERS
W/O GOPAL GUHA
2:GOPAL GUHA
S/O LATE SUKUMAR GUHA
BOTH ARE R/O VILL. DURGABARI
P.S. KRISHNAI
P.O. KRISHNAI
DIST. GOALPARA
ASSAM
PIN 783101
3:MR. CHOTALAL SAH
S/O KRISHNA SAH
R/O VILL. RONGRAM BAZAR
P.O. RONGRAM BAZAR
P.S. WILLIAM NAGAR
DIST. WEST GARO HILLS
MEGHALAYA
Page No.# 3/4
PIN 794111
4:SANJIT BORO
S/O PRADIP BORO
R/O VILL. DILINGA
SONAPUR
P.S. BOKO
P.O. SINGRA DIST. KAMRUP(R)
ASSAM
PIN 781123
For the appellant(s) : Mr. T. Kalita, Advocate
For the respondent (s) : XXXX
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
26.05.2025
Heard Mr. T. Kalita, the learned counsel appearing on behalf of
the appellant.
2. The instant Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988 challenging the judgment and award dated
15.02.2025 passed in MAC Case No.33/2021 whereby the
learned Member, Motor Accident Claims Tribunal, Goalpara
awarded an amount of Rs.15,10,830/- along with interest @ 7%
per annum (except upon the amount calculated on the head of
Page No.# 4/4
future prospects) from the date of filing of the claim petition and
the appellant Insurance Company was directed to pay the award
to the claimants within one month from the date of the said
order.
3. The learned counsel appearing on behalf of the appellant
submitted that the learned Tribunal had failed to take into
account that there was a violation of the policy conditions, and
as such, the saddling of the liability upon the appellant Insurance
Company was not in accordance with law.
4. Taking into account the said ground of objection, the instant
Appeal is admitted.
5. Call for the record(s).
6. Steps be taken upon the respondent Nos.1, 2, 3 & 4 within
3 days.
7. List the matter upon receipt of the record(s).
JUDGE
Comparing Assistant
