M/S Logistic Transport Of India Pvt Ltd vs Sajiram Nessa And 9 Ors
2026 Latest Caselaw 170 Gua

Gauhati High Court

M/S Logistic Transport Of India Pvt Ltd vs Sajiram Nessa And 9 Ors on 9 January, 2026

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GAHC010010652025




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

                         Case No. : MACApp./8/2026

         M/S LOGISTIC TRANSPORT OF INDIA PVT LTD
         A CO. REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS
         REGISTERED OFFICE AT G.S. ROAD, NEAR OLD POST OFFICE BUS
         STOPPAGE, DISPUR, GUWAHATI 781005, ASSAM, INDIA.



         VERSUS

         SAJIRAM NESSA AND 9 ORS
         W/O LATE HAKIM UDDIN

         2:HABIJA BEGUM
          D/O LATE HAKIM UDDIN

         3:SAHIDUL ISLAM
          S/O LATE HAKIM UDDIN

         4:HAJERA KHATUN
          D/O LATE HAKIM UDDIN

         5:SAHAR ALI
          S/O LATE HAKIM UDDIN

         6:RABIYA KHATUN
          S/O LATE HAKIM UDDIN

         7:JAMAL HUSSAIN
          S/O LATE HAKIM UDDIN

         8:RAHIM ALI

         S/O LATE HAKIM UDDIN
         ALL THE ABOVE ARE R/O VILL. SATBHONIR TUP
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            P.O. KALAHABHANGHA (BARPETA ROAD)
            P.S. BARPETA ROAD
            DIST. BARPETA
            ASSAM
            PIN 781315
            PRESENT ADDRESS
            HOUSE NO 8
            A .K. AZAD PATH
            HATIGAON
            SHAH NAGAR
            P.O. AND P.S. HATIGAON
            GUWAHATI
            DIST. KAMRUP (M)
            ASSAM
            PIN 781038

            9:THE REGIONAL MANAGER (GRO)
             M/S ORIENTAL INSURANCE CO. LTD. G.S ROAD
             ULUBARI
             GUWAHATI 781007

            10:JAYANTA PATAR
             S/O DEBADHAR PATAR
             R/O VILL. PATIDAYA
             P.S. MORIGAON
             DIST. MORIGAON
            ASSAM PIN 78210

Advocate for the Petitioner   : MR C PHUKAN,

Advocate for the Respondent : ,




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                         ORDER

Date : --09.01.2026

Heard Mr. C. Phukan, the learned counsel for the appellant.

2. This is an application u/s 173 M.V. Act against the judgment & award dated 19.10.2024 passed by the learned Member, MACT No. 3, Kamrup (M), Guwahati in MAC Case No. 1052/2018 whereby the insurance company was directed to Page No.# 3/3

pay compensation to the claimant with a further direction for recovery of the same from the present appellant who is the owner of the offending vehicle.

3. It is submitted by Mr. Phukan that the learned Court below did not scrutinize the evidence on record properly and did not appreciate the fact that the driving license at the relevant time of accident was a valid driving license. Due to some notification passed by the concerned government the master card was not provided to the appellant.

4. Appeal is admitted for hearing.

5. Issue Notice to the respondents through Speed Post as well as through usual process.

6. Also call for the TCR.

7. Further, considering the submission made by Mr. Phukan, let the present appeal be tagged along with MAC Appeal No. 343/2025.

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

JUDGE

Comparing Assistant