Sbi General Insurance Company Ltd vs Rupa Saikia And Anr
2025 Latest Caselaw 8438 Gua

Gauhati High Court

Sbi General Insurance Company Ltd vs Rupa Saikia And Anr on 10 November, 2025

                                                                         Page No.# 1/2

GAHC010234802025




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

                                  Case No. : MACApp./508/2025

            SBI GENERAL INSURANCE COMPANY LTD
            JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA
            ROAD, ANDHERI EAST, MUMBAI-400069 REGIONAL OFFICE AT 4TH
            FLOOR, B BLOCK, APEEJAY HOUSE, 15 PARK STREET, KOLKATA-7000016
            AND BRANCH OFFICE AT 2ND FLOOR, LAKSHMI DARSHAN BUILDING,
            OPPOSITE BORA S



            VERSUS

            RUPA SAIKIA AND ANR.
            W/O SRI PRADIP SAIKIA R/O-VILL-RANGAPUKHURI PAR P.S.TEZPUR
            DISTRICTSONITPUR,ASSAM,PIN784001. CLAIMANT

            2:ROSESWAR BORAH
             S/O LATE MILARAM BORAH R/O-VILLAGE-GOTONGA P.S.TEZPUR
            DISTRICTSONITPUR
            ASSAM
             PINCODE784001. OWNER OF THE VEHICLE NO.AS-12R-211

Advocate for the Petitioner   : MS. M SAIKIA, MS. P BORTHAKUR,MR. R GOSWAMI

Advocate for the Respondent : ,




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                           ORDER

Date : --10.11.2025 Page No.# 2/2

Heard Mr. R. Goswami, the learned counsel for the appellant.

This is an appeal u/s 173 of M.V. Act, 1988 against the impugned Judgment & Award dated 29.07.2025 passed by the learned Member, MACT, Sonitpur in MAC Case No. 72/2023(D) filed u/s 166 of the M.V. Act.

It is submitted by Mr. Goswami that the vehicle was a private vehicle and was under the statutory policy which do not cover the liability and risk of the occupant and in that regard he also cited on decision of the case of the Hon'ble Apex Court in case of Oriental Insurance Company Limited v. Surendra Nath Loomba, reported in 2012 STPL 29271 SC.

Appeal is admitted.

Call for the scanned copy of the TCR.

Issue Notice to the respondents through usual process.

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

JUDGE

Comparing Assistant