Gauhati High Court

Ramani Patar vs Kumud Kalita And 2 Ors on 16 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                        Page No.# 1/3

GAHC010278002024




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

                             Case No. : MACApp./178/2025

          RAMANI PATAR
          S/O LATE BHUBAN PATAR, R/O VILL. MAJARBARI, P.S. MIKIRBHETA, DIST.
          MORIGAON, ASSAM.

          VERSUS

          KUMUD KALITA AND 2 ORS
          S/O. LT. RAM CHARAN KALITA, R/O. VILL.- MUSHALPUR
          CHANBARIKHUTI, P/O. BARIMUKH, DIST. BAKSA, ASSAM, PIN-781372.

          2:GAUTAM DEKA
           S/O. KANAK DEKA
           R/O. VILL.- HASTINAPUR
           P/O. AND P/S. BARBORI
           IST. BAKSA
          ASSAM
           PIN-781343.

          3:NATIONAL INSURANCE CO. LTD.
           HAVING ITS REGIONAL OFFICE AT G.S. ROAD
           BHANGAGARH
           GUWAHATI-5

     For the Appellant(s)            : Mr. D. Mondol, Advocate

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

                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 16.05.2025

This is appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 27.11.2024 whereby the claim proceedings being MAC Case No.650/2021 was dismissed by the learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M) at Guwahati.

2. The learned counsel for the appellant submitted that the learned Tribunal has failed to take into account the evidence on record to the effect that there was a rash and negligent driving of the vehicle which have resulted injury to the appellant. Further to that, the learned counsel further submitted that the learned Tribunal has also decided the said proceedings in the manner in which a criminal proceedings is to be adjudicated and not in the manner by which compensation under the Motor Vehicles Act, 1988 is required to be adjudicated.

3. Taking into account the said grounds of objection, the appeal is admitted.

4. Call for the records.

5. Steps be taken upon the respondents by way of Registered Post with A/D as well as through usual process within 3 (days).

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

JUDGE Page No.# 3/3

Comparing Assistant