[Cites 0, Cited by 0]
Gauhati High Court
National Insurance Co. Ltd vs Nirmala Namasudra And 5 Ors on 11 February, 2026
Page No.# 1/4
GAHC010012332026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./43/2026
NATIONAL INSURANCE CO. LTD.
REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA -
700071, REPRESENTED BY THE ASSISTANT MANAGER, GAUHATI
REGIONAL OFFICE, BHANGAGARH, GUWAHATI - 781005.
VERSUS
NIRMALA NAMASUDRA AND 5 ORS
W/O LATE SHRIDHAR NAMASUDRA
2:RAJIB NAMASUDRA
S/O LATE SHRIDHAR NAMASUDRA ALIAS SRIDHAR BISWAS
3:RIYA NAMASUDRA
D/O LATE SHRIDHAR NAMASUDRA
4:RANJIT BISWAS ALIAS RANJIT NAMASUDRA
S/O LATE SHRIDHAR NAMASUDRA ALIAS SRIDHAR BISWAS
ALL ARE RESIDENT OF - VILLAGE - FAKUAGRAM
P.O. - FAKUAGRAM
P.S. - RAMKRISHNA NAGAR
DISTRICT - KARIMGANJ
ASSAM. PIN -788723 OPPOSITE PARTY NO. 2 TO 4 REPRESENTED BY
OPPOSITE PARTY NO. 1.
5:SOMA CHAKRABORTY
(OWNER)
W/O BIPRAJIT CHAKRABORTY
R/O HOUSE NO. 52
WARD NO. 27
GIRISH ROAD
P.O. - TARAPUR
Page No.# 2/4
P.S. - SILCHAR
DISTRICT - CACHAR
ASSAM. PIN 788003
6:MD SHAIN AHMED
(DRIVER)
S/O MD. KALIM UDDIN
3 OWNER DRIVER NOTAR HANNANUL AHMED GUWAHAT BARPETA R/O
VILLAGE - UTTAR PANIGHAT
P.O. - PANIGHAT
P.S. - KARIMGANJ
DISTRICT - KARIMGANJ
ASSAM. PIN -78870
Advocate for the Petitioner : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR
Advocate for the Respondent : ,
Linked Case : I.A.(Civil)/348/2026
NATIONAL INSURANCE COMPANY LIMITED
REGISTERED HEAD OFFICE AT 3
MIDDLETON STREET
CALCUTTA - 700071
REPRESENTED BY THE ASSISTANT MANAGER
GAUHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI - 781005.
VERSUS
NIRMALA NAMASUDRA AND 5 ORS
W/O LATE SHRIDHAR NAMASUDRA
2:RAJIB NAMASUDRA
S/O LATE SHRIDHAR NAMASUDRA ALIAS SRIDHAR BISWAS
3:RIYA NAMASUDRA
D/O LATE SHRIDHAR NAMASUDRA
4:RANJIT BISWAS ALIAS RANJIT NAMASUDRA
S/O LATE SHRIDHAR NAMASUDRA ALIAS SRIDHAR BISWAS
Page No.# 3/4
ALL ARE RESIDENT OF - VILLAGE - FAKUAGRAM
P.O. - FAKUAGRAM
P.S. - RAMKRISHNA NAGAR
DISTRICT - KARIMGANJ
ASSAM. PIN -788723 OPPOSITE PARTY NO. 2 TO 4 REPRESENTED BY
OPPOSITE PARTY NO. 1.
5:SOMA CHAKRABORTY
(OWNER)
W/O BIPRAJIT CHAKRABORTY
R/O HOUSE NO. 52
WARD NO. 27
GIRISH ROAD
P.O. - TARAPUR
P.S. - SILCHAR
DISTRICT - CACHAR
ASSAM. PIN 788003
6:MD SHAIN AHMED
(DRIVER)
S/O MD. KALIM UDDIN
3 OWNER DRIVER NOTAR HANNANUL AHMED GUWAHAT BARPETA R/O
VILLAGE - UTTAR PANIGHAT
P.O. - PANIGHAT
P.S. - KARIMGANJ
DISTRICT - KARIMGANJ
ASSAM. PIN -788709
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : appearing for NIRMALA NAMASUDRA AND 5 ORS
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
11.02.2026
Learned counsel Mr. S. P. Sharma is present for the Insurance Company who is
aggrieved by the judgment and award dated 27.10.2025 in connection with MAC
Appeal No. 53/2021 passed by the learned Member, MACT, Sribhumi.
The Insurance Company was directed to pay the compensation despite violation
of policy conditions. It is also submitted that the appellant has a good case.
Page No.# 4/4
The judgment and award dated 27.10.2025 in connection with MAC Appeal No.
53/2021 is stayed until further orders subject to the condition that the
Insurance Company deposits 50% of the awarded amount before the Registry
of this Court within 6 (six) weeks from the date of this order.
Issue notices to the respondents by usual process returnable within 4 (four)
weeks.
List this matter after 4 (four) weeks.
JUDGE
Comparing Assistant
