Page No.# 1/2 vs The Divisional Manager/Branch Manager ...
2025 Latest Caselaw 8435 Gua

Gauhati High Court

Page No.# 1/2 vs The Divisional Manager/Branch Manager ... on 10 November, 2025

                                                                         Page No.# 1/2

GAHC010236892025




                                                                  undefined

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

                                  Case No. : MACApp./504/2025

            HAMIDA KHATUN AND ANR.
            WIFE OF LATE MIJANUR ISLAM

            2: MASUMA ANCHARY
             DAUGHTER OF LATE MIJANUR ISLAM
            APPELLANT NO.2
             BEING MINOR REPRESENTED BY HER MOTHER WHO IS APPELLANT NO.1
            AND THEY ARE PRESENTLY RESIDING AT DHANIABHETI PATHAR P.O.
            CHILLANGAN P.S-BATADRAVA DIST-NAGAON ASSAM PIN-78212

            VERSUS

            THE DIVISIONAL MANAGER/BRANCH MANAGER MAGMA HDI GENERAL
            INSURANCE COMPANY LTD AND ANR.
            AT 2ND FLOOR, FORD BUILDING, KACHARIBASTI, ROAD, SOUTH
            SARANIA, ULUBARI, GUWAHATI, ASSAM, PIN 781007 POLICY
            NO.0021000100/4103/803791 VALID UP TO 19.07.2021, INSURER OF VEHICLE
            NO.AS-02/CC-5385TATA YODHA

            2:SAMAR ALI
             S/O LT. TAJYAT ALI
            R/O- LALUNG GAON
             P.S. -BATADRAVA
             P.O.-BATADRAVA
             DIST -NAGAON
            ASSAM PIN NO. 782122 OWNER OF THE VEHICLE NO.AS-02/CC 5385TATA
            YODH

Advocate for the Petitioner   : MR. T HUSSAIN, MR. I A TALUKDAR

Advocate for the Respondent : ,
                                                                          Page No.# 2/2

                                 BEFORE
                  HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

Date : --10.11.2025

Heard Mr. I.A. Talukdar, the learned counsel for the appellants.

This is an appeal u/s 173 of M.V. Act, 1988 against the impugned Judgment & Award dated 31.07.2025 passed in MAC Case No. 382 of 2021 by the learned Member, MACT, Nagaon.

It is submitted by Mr. Talukdar that the claim petition is filed u/s 166 of the M.V. Act but, the learned Member, MACT had passed the award on the basis of wrong jurisdiction of law under the Workmen's Compensation Act.

Appeal is admitted.

Call for the TCR.

Issue Notice to the respondents through registered post with A/D as well as usual process.

List the matter accordingly after 4 (four) weeks, as on a date to be fixed by the Registry.

JUDGE

Comparing Assistant