United India Insurance Co. Ltd vs Bapon Das And 2 Ors
2025 Latest Caselaw 5152 Gua

Gauhati High Court

United India Insurance Co. Ltd vs Bapon Das And 2 Ors on 30 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                   Page No.# 1/3

GAHC010102132025




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

                          Case No. : MACApp./222/2025

         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

         BAPON DAS AND 2 ORS
         S/O NIKHIL DAS, R/O KARMAKARPARA, P.S. KRISHNAI, P.O. KRISHNAI,
         DIST. GOALPARA, ASSAM, PIN CODE 78101

         2: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 CODE 794111

         3:SANJIT BORO

          S/O PRADIP BORO
          R/O VILL. DILINGA SONAPUR
          P.S. BOKO
          P.O. SINGRA DIST. KAMRUP(R)
          ASSAM
          PIN 78112
                                                                       Page No.# 2/3



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


Advocate for the respondent(s):


                                  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 21.02.2025 passed by the learned Member, Motor Accident Claims Tribunal Goalpara in MAC Case No.29/2021.

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 route permit of the offending vehicle 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 Page No.# 3/3

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.

JUDGE

Comparing Assistant