National Insurance Co. Ltd vs Sayed Ali And Anr
2025 Latest Caselaw 5132 Gua

Gauhati High Court

National Insurance Co. Ltd vs Sayed Ali And Anr on 30 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                      Page No.# 1/3

GAHC010092972025




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

                            Case No. : MACApp./219/2025

          NATIONAL INSURANCE CO. LTD.
          HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
          STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S.
          ROAD, GUWAHATI 781005 REPRESENTED BY THE CHIEF REGIONAL
          MANAGER, GUWAHATI REGIONAL OFFICE.



          VERSUS

          SAYED ALI AND ANR
          S/O ALTAF ALI, R/O BIDYARDABRI, PART-IV, P.O. GOLAKGANJ, P.S.
          GOLOKGANJ, DIST. DHUBRI, ASSAM, PIN 783334

          2:BIRENDRA NATH DAS

           S/O LATE DHARANI KANTA DAS
           R/O VILL. KAIMAR PART-III
           P.O. GOLOKGANJ
           P.S. GOLOKGANJ
           DIST. DHUBRI
           ASSAM
           PIN 78333




Advocate for the appellant(s): Mr. T Kalita


Advocate for the respondent(s):
                                                                        Page No.# 2/3

                                  BEFORE
                 HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                      ORDER

30.05.2025

Heard Mr. T Kalita, the learned counsel appearing on behalf of the appellant.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the impugned judgment and award dated 30.01.2025 passed by the learned Member, Motor Accident Claims Tribunal Dhubri in MAC Case No.97/2016.

3. The learned counsel for the appellant submits that the only grounds of objection taken is that the learned Tribunal while saddling the liability upon the appellant Insurance Company failed to take into account that there was no valid driving license of the owner-cum-rider of the offending Motorcycle obtained from the concerned DTO and as such, there was a violation of the terms and conditions of the Insurance Policy.

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

5. Call for the records.

6. Steps for service of notice upon the respondents by way of registered post with A/D as well as through usual process within 3(three) days from today.

7. List the appeal on completion of service and after receipt of the LCR.

Page No.# 3/3

JUDGE

Comparing Assistant