[Cites 2, Cited by 0]
Gauhati High Court
The National Insurance Company Ltd vs Dr Narendra Kumar Jain And Ors on 23 February, 2026
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GAHC010041042025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./33/2026
THE NATIONAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET, KOLKATA-
700071 AND REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH,
GUWAHATI-S, REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL
OFFICE, GUWAHATI
VERSUS
DR NARENDRA KUMAR JAIN AND ORS
S/O. LT. KESHRIMAL JAIN, R/O. BAGICHA ALI, GOLAGHAT TOWN, P.O. AND
P.S.- GOLAGHAT, DIST. GOLAGHAT, ASSAM
2:SARDA REALITY INDIA LTD
455 DIAMOND HARBOUR ROAD
KOLKATA. ( OWNER OF THE VEHICLE NO. WB-42-S- 7073 FLATA SUMO)
AND OPPOSITE PARTY NO. 1 IN MAC CASE NO. 4212013)
3:BIJU BORA
S/O. MAGHIRAM BORA
R/O. PANIHATIGAON
DIDT. JORHAL ASSAM. ( DRIVER OF THE VEHICLE NO. WB-42-S-7073 FL-
ATA SUMO) AND OPPOSITE PARTY NO. 2 IN MAC CASE NO. 4212013)
4:THE BRANCH MANAGER
ICIC LOMBARD GENERAL INSURANXCE CO. LTD.
ICIG LOMBARD HOUSE
414 VEER SAVASKAR MARG
NEAR SIDDHI VINAYAK TEMPLE
PRABHADEVI
MUMBAI. ( INSURER OF THE VEHICLE NO. WB-42-S- 7073 (TATA SUMO)
AND OPPOSITE PAFI NO. 3 IN MAC CSE NO. 4212013)
5:GOLAGHAT NURSING HOME
PROPRIETOR
SHRI CHANDAN KR. BORTHAKUR
R/O. CHANDMARI
GOLAGHAT TOWN
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P.O. AND P.S GOLAGHAT
DIST. GOLAGHAT
ASSAM. (OWNER OF THE VEHICLE NO. 45-05-0979 (MARUU VAN) AND
OPP. PARTY NO. 4 IN MAC CASE NO. 42L20T3)
6:MANAB BORA
S/O
SHRI SIDHES WAR BORA
R/O. MAHANIAL GAON
P.O. MISSAMORA
P.S. DERGAON
DISTRICT - GOLAGHAT
ASSA
Advocate for the Petitioner : MR PRANABJYOTI BARMAN,
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 23.02.2026
1. Heard Mr. P. J. Barman, learned counsel for the appellant. Also heard Mr. P.
Bhowmic, learned counsel for the respondent No.1 as well as Mr. R. Goswami,
learned counsel appearing for the respondent No.4.
2. This Appeal under Section 173 of the Motor Vehicle Act, 1988 has been
filed by the National Insurance Company LTD impugning the Judgment and
Award dated 13.11.2024, passed in MAC Case No.42/2013, by the Motor
Accident Claims Tribunal, Golaghat awarding Rs.32,26,424/- to the claimant
along with an interest @ 9% per annum from the date of filing of the claim
petition till realization.
3. The present appellant was directed to deposit 50% of the awarded
amount. The other Insurance Company, i.e., the respondent No.4 was directed
to pay the remaining 50% of the awarded amount.
4. I have gone through the grounds taken by the appellant in his memo of
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Appeal.
5. This Appeal is admitted.
6. Issue notice to the respondents.
7. Since Mr. P. Bhowmick has appeared for the respondent No.1 and Mr. R.
Goswami has appeared for the respondent No.4, no formal notice need to be
issued to the said respondent.
8. As regard the other respondents have concerned, the appellant shall take
steps for issuance of notice upon the respondents by speed post as well as by
usual mode within 7 (seven) days from the date of this order, returnable on
01.04.2026.
9. Let the records of MAC Case No.42/2013 be called for from the concerned
MACT.
10. The Registry to take steps for requisition of the aforesaid records.
11. List accordingly.
12. Learned counsel for the appellant has also submitted that the appellant
has filed an Interlocutory Application under Order 14 Rule 5 of the CPC, praying
for stay of execution of the impugned Judgment and Award. However, the said
Interlocutory Application is not listed before this Court.
13. Registry is directed to list the aforesaid Interlocutory Application on
06.03.2026.
JUDGE
Comparing Assistant
