National Insurance Co. Ltd vs Farhina Begum And 5 Ors
2025 Latest Caselaw 8416 Gua

Gauhati High Court

National Insurance Co. Ltd vs Farhina Begum And 5 Ors on 10 November, 2025

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GAHC010241862025




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

                         Case No. : MACApp./512/2025

         NATIONAL INSURANCE CO. LTD.
         HAVING ITS REGD. OFFICE AT PLOT NO. CBD-81, NEW TOWN KOLKATA-
         700156 AND ONE OF THE REGIONAL OFFICE AT GS ROAD BHANGAGARH
         GHY-5

         VERSUS

         FARHINA BEGUM AND 5 ORS.
         W/O LT SAHID ALI @ SHAHID ALI, R/O VILL PASURKHAL PT II PS
         BILASIPARA, DIST. DHUBRI, ASSAM, PIN-783348

         2:OMAR FARUK
          S/O LT SAHID ALI @ SHAHID ALI
          R/O VILL PASURKHAL PT II PS BILASIPARA
          DIST. DHUBRI
         ASSAM
          PIN-783348

         3:UMAR MARUK
          S/O LT SAHID ALI @ SHAHID ALI
          R/O VILL PASURKHAL PT II PS BILASIPARA
          DIST. DHUBRI
         ASSAM
          PIN-783348

         4:SHARIFA BIBI
         W/O LT ABDUL BAREK @ BAREK ALI
          R/O VILL PASURKHAL PT II PS BILASIPARA
          DIST. DHUBRI
         ASSAM
          PIN-783348

         5:MOFILUDDIN AHMED
          S/O. LT DOIBOX SK
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             R/O VILL FOKIRANIJHAR PT I
             PO BARKANDA PS BILASIPARA
             DIST. DHUBRI
             ASSAM
             PIN-78333

Advocate for the Petitioner   : MR. K K BHATTA,

Advocate for the Respondent : ,




                                      BEFORE
                       HON'BLE MRS. JUSTICE MITALI THAKURIA


                                         ORDER

Date : 10.11.2025.

Heard Ms. L. Sharma, learned counsel for the appellant Insurance Company.

This is an appeal under Section 173 of the M.V. Act, 1988, against the judgment and award dated 30.07.2025, passed by the learned Member, MACT at Dhubri in MAC Case No.30/2019, filed under Section 166 of the M.V. Act, 1988, directing the appellant/insurer to pay a sum of Rs.19,03,600/- (Rupees nineteen lakh three thousand and six hundred) only with interest @ 7% p.a.

It is submitted by Ms. Sharma, learned counsel for the appellant that there was contributory negligence on the part of another vehicle, which was also involved in the accident but the award was passed without making the other vehicle as a party and thus, the case was bad for non-joinder of the necessary parties.

Appeal is admitted.

Issue notice to the respondents through usual process. Steps within seven (7) days.

Page No.# 3/3

Call for the TCR.

List the matter after four (4) weeks.

JUDGE

Comparing Assistant