National Insurance Company Limited vs Smt Minati Bora And 3 Ors
2026 Latest Caselaw 1096 Gua

Gauhati High Court

National Insurance Company Limited vs Smt Minati Bora And 3 Ors on 11 February, 2026

                                                                 Page No.# 1/5

GAHC010270962025




                                                          undefined

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

                         Case No. : MACApp./51/2026

         NATIONAL INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
         STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S.
         ROAD, GUWAHATI-781005 REPRESENTED BY THE CHIEF REGIONAL
         MANAGER, GUWAHATI REGIONAL OFFICE.



         VERSUS

         SMT MINATI BORA AND 3 ORS.
         WIFE OF SRI RITU BORA, PRESENT RESIDENT OF VILLAGE-SIDHABARI,
         P.S.- DHARAMTUL, DIST- MORIGAON, ASSAM, PIN CODE- 782412.
         PERMANENT RESIDENT OF VILLAGE- MAHADESWAL, P.S.- RAHA, DIST-
         NAGAON, ASSAM, PIN- 782103

         2:RITU BORA
          SON OF LATE BHADRA BORA
          PRESENT RESIDENT OF VILLAGE-SIDHABARI
          P.S.- DHARAMTUL
          DIST- MORIGAON
         ASSAM
          PIN CODE- 782412. PERMANENT RESIDENT OF VILLAGE- MAHADESWAL
          P.S.- RAHA
          DIST- NAGAON
         ASSAM
          PIN- 782103

         3:SUROJ SENAPATI
          SON OF P. SENAPATI
          CARE OF - H. SARMA
          BELTOLA
          HOUSE NO.15
          GUWAHATI
                                                                  Page No.# 2/5

             KAMRUP (M)
             ASSAM
             PIN CODE- 781028

            4:PRASANTA PATAR
             SON OF LATE BILAS PATAR
             RESIDENT OF VILLAGE- AMSOI BURHAJAHAGAON
             POLICE STATION- RAHA
             DISTRICT- NAGAON
            ASSAM
             PIN-78210

Advocate for the Petitioner   : MR T KALITA, MR. A KAKATI

Advocate for the Respondent : ,




             Linked Case : I.A.(Civil)/367/2026

            NATIONAL INSURANCE COMPANY LIMITED
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
            MIDDLETON STREET
            KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH
            G.S. ROAD
            GUWAHATI-781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER
            GUWAHATI REGIONAL OFFICE.


             VERSUS

            SMT MINATI BORA AND 3 ORS.
            WIFE OF SRI RITU BORA
            PRESENT RESIDENT OF VILLAGE-SIDHABARI
            P.S.- DHARAMTUL
            DIST- MORIGAON
            ASSAM
            PIN CODE- 782412. PERMANENT RESIDENT OF VILLAGE- MAHADESWAL
            P.S.- RAHA
            DIST- NAGAON
            ASSAM
            PIN- 782103

            2:RITU BORA
            SON OF LATE BHADRA BORA
                                                           Page No.# 3/5

PRESENT RESIDENT OF VILLAGE-SIDHABARI
P.S.- DHARAMTUL
DIST- MORIGAON
ASSAM
PIN CODE- 782412. PERMANENT RESIDENT OF VILLAGE- MAHADESWAL
P.S.- RAHA
DIST- NAGAON
ASSAM
PIN- 782103

3:SUROJ SENAPATI
SON OF P. SENAPATI
CARE OF - H. SARMA
BELTOLA
HOUSE NO.15
GUWAHATI
KAMRUP (M)
ASSAM
PIN CODE- 781028

4:PRASANTA PATAR
SON OF LATE BILAS PATAR
RESIDENT OF VILLAGE- AMSOI BURHAJAHAGAON
POLICE STATION- RAHA
DISTRICT- NAGAON
ASSAM
PIN-782103
------------
Advocate for : MR T KALITA
Advocate for : appearing for SMT MINATI BORA AND 3 ORS.



Linked Case : I.A.(Civil)/366/2026

NATIONAL INSURANCE COMPANY LIMITED
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
MIDDLETON STREET
KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH
G.S. ROAD
GUWAHATI-781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE.


VERSUS

SMT MINATI BORA AND 3 ORS.
WIFE OF SRI RITU BORA
                                                           Page No.# 4/5

PRESENT RESIDENT OF VILLAGE-SIDHABARI
P.S.- DHARAMTUL
DIST- MORIGAON
ASSAM
PIN CODE- 782412. PERMANENT RESIDENT OF VILLAGE- MAHADESWAL
P.S.- RAHA
DIST- NAGAON
ASSAM
PIN- 782103

2:RITU BORA
SON OF LATE BHADRA BORA
 PRESENT RESIDENT OF VILLAGE-SIDHABARI
 P.S.- DHARAMTUL
 DIST- MORIGAON
ASSAM
 PIN CODE- 782412. PERMANENT RESIDENT OF VILLAGE- MAHADESWAL
 P.S.- RAHA
 DIST- NAGAON
ASSAM
 PIN- 782103

3:SUROJ SENAPATI
SON OF P. SENAPATI
CARE OF - H. SARMA
BELTOLA
HOUSE NO.15
GUWAHATI
KAMRUP (M)
ASSAM
PIN CODE- 781028

4:PRASANTA PATAR
SON OF LATE BILAS PATAR
RESIDENT OF VILLAGE- AMSOI BURHAJAHAGAON
POLICE STATION- RAHA
DISTRICT- NAGAON
ASSAM
PIN-782103
------------
Advocate for : MR T KALITA
Advocate for : appearing for SMT MINATI BORA AND 3 ORS.



                     BEFORE
  HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
                                                                       Page No.# 5/5

                                      ORDER

11.02.2026 Learned counsel Mr. T. Kalita is present for the Insurance Company/appellant who is aggrieved by the judgment and order dated 06.09.2025 in connection with MAC(D) Case No. 28/2018 passed by the learned Member, MACT, Morigaon.

It is submitted that the learned Member has erred in law. It is also submitted that the appellant ahs a good case as some statutory provisions have been violated by the owner.

Issue notices to the respondents by usual process returnable within 4 (four) weeks.

Call for the original records from the Tribunal. Admit the appeal.

List accordingly.

JUDGE

Comparing Assistant