Gauhati High Court
Page No.# 1/3 vs Kashem Ali @ Md. Kashem Ali And 2 Ors on 16 May, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/3
GAHC010138802024
2025:GAU-AS:6178
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/270/2024
SHRIRAM GENERAL INSURANCE COMPANY LTD
HAVING ITS CORPORATE AND REGISTERED OFFICE AT E-8, EPIP, RIICO
INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN, INDIA, PIN- 302022
AND ONE OF THE BRANCH OFFICES AT B.R. ARCADE, 3RD FLOOR,
OPPOSITE TO PRIYA PALACE HOTEL, 21, JANAPATH, ULUBARI, GHY-
781007, KAMRUP.
VERSUS
KASHEM ALI @ MD. KASHEM ALI AND 2 ORS
S/O- KUDDUCH ALI, VILL.- JHAUKURA PART-II, P.O. MAJER ALGA, P.S.
PANCHARATNA, DIST. BONGAIGAON, ASSAM, PIN- 783388.
2:SOBIRUL ISLAM
S/O- K AHMED
VILL.- GHUNIMARI
P.O. AND P.S. CHAPAR
DIST. DHUBRI
ASSAM
PIN- 783371.
3:NUR SALAM SHEIKH
S/O- BATAL SHEIKH
VILL.- KAZIPARA PART-II
P.O. AND P.S. CHAPAR
DIST. DHUBRI
ASSAM
PIN- 783371
For the petitioner (s) : Mr. A. J. Saikia, Advocate
Page No.# 2/3
For the respondent (s) : XXXX
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
16.05.2025
Heard Mr. A. J. Saikia, the learned counsel appearing on behalf of
the petitioner.
2. This is an application filed under Article 227 of the Constitution
challenging the order dated 06.05.2024 passed by the learned
Member, Motor Accident Claims Tribunal, Dhubri in MAC Case
No.196/2022 whereby the application filed by the petitioner seeking
dismissal of the claim proceedings was rejected. It is relevant to take
note of that in the instant case, the accident took place on
27.04.2016 and the claim proceedings was filed on 31.12.2022. The
learned Tribunal, i.e. the Motor Accident Claims Tribunal, Dhubri vide
the order dated 06.05.2024 taking into account that the provisions of
Section 166(3) of the Motor Vehicles Act, 1988 which came into force
w.e.f. 01.04.2022 would only apply prospectively and not in respect
to the accident which occurred earlier had rejected the application
filed by the petitioner.
3. This Court duly takes note of that the Coordinate Bench of this
Court in the case of Shriram General Insurance Company Ltd. vs. Md.
Page No.# 3/3
Sadik Hussain @ Saddique & 2 Others {CRP(IO) No.427/2024} vide
the judgment dated 28.10.2024 has upheld similar orders passed by
the Motor Accident Claims Tribunals wherein it was held that in
respect to accident occurring prior to coming into force of Section
166(3) of the Motor Vehicles Act, 1988, the limitation provided in the
newly inserted provision would not apply.
4. Taking into account the above, this Court finds no merit in the
instant petition. Accordingly, the instant petition stands dismissed.
5. The interim order dated 02.08.2024 passed by this Court stands
vacated and the parties herein are directed to appear before the
learned Tribunal on 09.06.2025.
6. It is however relevant to take note of that the claimants are not
before this Court inspite of service. Under such circumstances, the
learned Tribunal shall inform the claimants before proceeding with
the said claim proceedings.
JUDGE
Comparing Assistant
