Page No.# 1/9 vs Uttam Sarma And 3 Ors
2026 Latest Caselaw 60 Gua

Gauhati High Court

Page No.# 1/9 vs Uttam Sarma And 3 Ors on 6 January, 2026

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                  Page No.# 1/9

GAHC010190592020




                                                            2026:GAU-AS:123

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

                        Case No. : MACApp./4/2021

         ORIENTAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI
         ROAD, NEW DELHI- 110002 AND REGIONAL OFFICE AT GUWAHATI-7, REP.
         BY THE REGIONAL MANAGER.



         VERSUS

         UTTAM SARMA AND 3 ORS.
         S/O- LATE ADYA NATH SARMA, R/O- AKASHI NAGAR, WARD NO. 42, NEAR
         SARMA STORE, P.O. CHANDMARI, DIST.- KAMRUP, PIN- 781021.

         2:SMTI. MAMONI DEVI
         W/O- UTTAM SARMA
          R/O- AKASHI NAGAR
         WARD NO. 42
          NEAR SARMA STORE
          P.O. CHANDMARI
          DIST.- KAMRUP
          PIN- 781021.

         3:MRS. KIRAN DEVI JAIN
         W/O- LATE B.R. JAIN
          R/O- DHING ROAD
          HAIBARGAON
          P.O. HAIBARGAON
          DIST.- NAGAON
         ASSAM
          PIN- 782002.

         4:MD. REAZUL ALI
          S/O- SOFIQUE UDDIN
          R/O- VILL.- BALIRAM PATHER
                                                                           Page No.# 2/9

             P.O. JAMUNAMUKH
             DIST.- NAGAON
             ASSAM

Advocate for the Petitioner   : MR SISHIR DUTTA, MR S DUTTA,MR. S DUTTA

Advocate for the Respondent : MR. A HUSSAIN, ,MR J KALITA,MR N SARMA,MS. M R
DOLAI,MR M AHMED




             Linked Case : MACApp./338/2021

            MRS. KIRAN DEVI JAIN
            W/O LATE B.R. JAIN
            R/O DHING ROAD
            HAIBARGAON
            NAGAON
            P.O. AND P.S.-HAIBARGAON
            DIST-NAGAON
            ASSAM
            PIN-782002


             VERSUS

            ORIENTAL INSURANCE COMPANY LTD. AND 3 ORS.
            HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27
            ASAF ALI ROAD
            NEW DELHI-110002. REPRESENTED BY REGIONAL MANAGER
            ULUBARI
            GUWAHATI-7

            2:MD REAZUL ALI
            S/O SOFIQUE UDDIN
             R/O VILL-BALIRAM
             P.O. AND P.S.-JAMUNAMUKH
             DIST-HOJAI
            ASSAM
             PIN-

            3:KEDAR RAY
            S/O LATE LACHARMAN RAY
            R/O LANKA TOWN
            WARD NO-1
                                                                Page No.# 3/9

SWAHID KHARGESWAR TALUKDAR PATH
P.O. AND P.S.-LANKA
DIST- HOJAI
ASSAM
PIN-782446

4:MISS MOON RAI
D/O SRI KEDAR RAY
R/O LANKA TOWN
WARD NO-1
SWAHID KHARGESWAR TALUKDAR PATH
P.O. AND P.S.-LANKA
DIST- HOJAI
ASSAM
PIN-782446
------------

Advocate for : MR M AHMED Advocate for : MR S DUTTA (r-1) appearing for ORIENTAL INSURANCE COMPANY LTD. AND 3 ORS.

Linked Case : MACApp./340/2021

MRS. KIRAN DEVI JAIN W/O LATE B.R. JAIN R/O DHING ROAD HAIBARGAON NAGAON P.O. AND P.S.-HAIBARGAON DIST-NAGAON ASSAM PIN-782002

VERSUS

ORIENTAL INSURANCE COMPANY LTD. AND 3 ORS. HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI-110002. REPRESENTED BY REGIONAL MANAGER ULUBARI GUWAHATI-7 DIST-KAMRUP(M)

2:MD REAZUL ALI S/O SOFIQUE UDDIN R/O VILL-BALIRAM Page No.# 4/9

P.O. AND P.S.-JAMUNAMUKH DIST-HOJAI ASSAM PIN-

3:UTTAM SARMA S/O LATE ADYA NATH SARMA R/O AKASHI NAGAR WARD NO-42 NEAR SARMA STORE P.O. AND P.S.-CHANDMARI GUWAHATI DIST-KAMRUP(M) ASSAM PIN-781021

4:SMTI MAMONI DEVI W/O SRI UTTAM SARMA R/O AKASHI NAGAR WARD NO-42 NEAR SARMA STORE P.O. AND P.S.-CHANDMARI GUWAHATI DIST-KAMRUP(M) ASSAM PIN-781021

------------

Advocate for : MR M AHMED Advocate for : MR S DUTTA (R-1) appearing for ORIENTAL INSURANCE COMPANY LTD. AND 3 ORS.

Linked Case : MACApp./3/2021

ORIENTAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI- 110002 AND REGIONAL OFFICE AT GUWAHATI-7 REP. BY THE REGIONAL MANAGER.

VERSUS

KEDAR RAY AND 3 ORS.

S/O- LATE LACHARMAN RAY R/O- LANKA TOWN Page No.# 5/9

SWAHID KHARGESWAR TALUKDAR PATH P.S. LANKA DIST.- HOJAI ASSAM.

2:MISS MOON RAI D/O- KEDAR RAY R/O- LANKA TOWN

SWAHID KHARGESWAR TALUKDAR PATH P.S. LANKA DIST.- HOJAI ASSAM.

3:MRS. KIRAN DEVI JAIN W/O- LATE B.R. JAIN R/O- DHING ROAD HAIBARGAON P.O. HAIBARGAON DIST.- NAGAON ASSAM PIN- 782002.

4:MD. REAZUL ALI S/O- SOFIQUE UDDIN R/O- VILL.- BALIRAM PATHER P.O. JAMUNAMUKH DIST.- NAGAON ASSAM.

------------

Advocate for : MR SISHIR DUTTA Advocate for : MR M AHMED appearing for KEDAR RAY AND 3 ORS.

Linked Case : I.A.(Civil)/43/2021

ORIENTAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI- 110002 AND REGIONAL OFFICE AT GUWAHATI-7 REP. BY THE REGIONAL MANAGER.

VERSUS Page No.# 6/9

KEDAR RAY AND 3 ORS.

S/O- LATE LACHARMAN RAY R/O- LANKA TOWN

SWAHID KHARGESWAR TALUKDAR PATH P.S. LANKA DIST.- HOJAI ASSAM.

2:MISS MOON RAI D/O- KEDAR RAY R/O- LANKA TOWN

SWAHID KHARGESWAR TALUKDAR PATH P.S. LANKA DIST.- HOJAI ASSAM.

3:MRS. KIRAN DEVI JAIN W/O- LATE B.R. JAIN R/O- DHING ROAD HAIBARGAON P.O. HAIBARGAON DIST.- NAGAON ASSAM PIN- 782002.

4:MD. REAZUL ALI S/O- SOFIQUE UDDIN R/O- VILL.- BALIRAM PATHER P.O. JAMUNAMUKH DIST.- NAGAON ASSAM.

------------

Advocate for : MR SISHIR DUTTA Advocate for : appearing for KEDAR RAY AND 3 ORS.

Linked Case : I.A.(Civil)/45/2021

ORIENTAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI- 110002 AND REGIONAL OFFICE AT GUWAHATI-7 REP. BY THE REGIONAL MANAGER.

Page No.# 7/9

VERSUS

UTTAM SARMA AND 3 ORS.

S/O- LATE ADYA NATH SARMA R/O- AKASHI NAGAR

NEAR SARMA STORE P.O. CHANDMARI DIST.- KAMRUP PIN- 781021.

2:SMTI. MAMONI DEVI W/O- UTTAM SARMA R/O- AKASHI NAGAR

NEAR SARMA STORE P.O. CHANDMARI DIST.- KAMRUP PIN- 781021.

3:MRS. KIRAN DEVI JAIN W/O- LATE B.R. JAIN R/O- DHING ROAD HAIBARGAON P.O. HAIBARGAON DIST.- NAGAON ASSAM PIN- 782002.

4:MD. REAZUL ALI S/O- SOFIQUE UDDIN R/O- VILL.- BALIRAM PATHER P.O. JAMUNAMUKH DIST.- NAGAON ASSAM.

------------

Advocate for : MR SISHIR DUTTA Advocate for : MR A K SHARMA appearing for UTTAM SARMA AND 3 ORS.

Page No.# 8/9

:: BEFORE ::

(HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA)

Advocate(s) for the Appellants : Mr. S. Dutta, Advocate.

Advocate(s) for the Respondent(s) : Mr. M. Ahmed and Mr. N.J. Gogoi, Advocates.

Date on which judgment is reserved : 04.09.2025. Date of pronouncement of judgment : 06.01.2026. Whether the pronouncement is of the operative part of the judgment? : YES.

Whether the full judgment has been pronounced? : YES.

JUDGMENT AND ORDER (CAV)

Heard Mr. S. Dutta, learned counsel representing the appellants. Also heard Mr. M. Ahmed and Mr. N.J. Gogoi, learned counsel appearing for the respondents.

2. These batch of applications are under Section 173 of the Motor Vehicles Act challenging the judgment and award dated 21.09.2020 passed by the Motor Accident Claims Tribunal No.1, Kamrup (M) in MAC Case Nos.156/2017 & 157/2017.

3. The claimants Uttam Sarma and Mamoni Devi had filed the petition under Section 166 and 140 of the MV Act being MAC Case No.156/2017 claiming compensation on account of the death of their son Brajen Sarma.

4. Similarly, the claimants Kedar Ray and Ms. Moon Rai filed another petition under Section 166 and 140 of the M.V. Act being MAC Case No.157/2017 claiming compensation for the death of Arun Ray, the son of Kedar Ray and brother of Ms. Moon Rai.

5. On 09.11.2016 at about 9 P.M., the deceased Brajen Sarma (MAC Case No.156/2017) along with his four friends were travelling from Tezpur to Guwahati in a Maruti Car bearing Registration AS- 02/K-3487. At that time, a truck bearing Registration AS-01/AC-0528 was going ahead of the said car. At Mitham, near Ursola High School, the truck suddenly stopped on the road and the said Maruti Car could not stop the vehicle and dashed against the truck. As a result of the accident, Brajen Sarma (MAC Case No.156/2017) and Arun Ray (MAC Case No.157/2017) died instantly.

6. According to the claimants, the accident occurred due to rash and negligent driving of the truck bearing Registration AS-01/AC-0528.

7. Both the claim cases being MAC Case No.156/2017 and MAC Case No.157/2017 were heard and Page No.# 9/9

disposed of together.

8. The appellant Insurance Company representing the truck bearing Registration AS-01/AC-0528 contested the claim petition by filing written statement. They denied rash and negligent driving by the truck.

9. The Tribunal framed the following issues:

1. Whether the deceased, late Brajen Sarma (MAC Case No.156/2017) and the deceased late Arun Ray in (MAC Case No.157/2017) died in the alleged road accident dated 09.11.2016 involving the vehicle bearing No. AS-01/AC-0528 and whether the said accident took place due to rash and negligent driving by the driver of the offending vehicle?

2. Whether the claimants are entitled to receive any compensation and if yes, to what extent and by whom amongst the opposite parties, the said compensation amount are payable?

10. The claimants in both the cases examined three witnesses and the Insurance Company three witnesses in both the cases. Finally, the Tribunal awarded a compensation of ₹9,37,200/- in MAC Case No.156/2017 and the same amount in MAC Case No.157/2017 along with interest @ 7.5% p.a. from the date of filing of the case.

11. I have considered the submissions made by the learned counsel of both sides.

12. There is no denial of the fact that Brajen Sarma and Arun Ray were the occupants of the vehicle bearing Registration AS-02/K-3487 and their vehicle dashed against a truck bearing Registration AS- 01/AC-0528. There is also no denial of the fact that both of them died instantly. Therefore, the claimants are entitled to compensation under the provisions of the Motor Vehicles Act.

13. It is an admitted fact that the Maruti Car bearing Registration AS-02/K-3487 was following the truck bearing Registration AS-01/AC-0528. When the truck suddenly stopped on the middle of the road, the Maruti Car could not stop and dashed against the truck. It is clear on the face of the record that if the Maruti Car could stop itself, no accident would have taken place. The car could not stop and hit the truck from behind. It is also clear on the face of the record that the Maruti Car had contributed to a great extent towards the occurrence of the accident.

14. This Court is of the opinion that the contribution of the Maruti Car in the said accident is equal to that of the truck. The Insurance Company of the Maruti Car was not made a party in both the cases. The Insurance Company of the truck is not liable to pay the entire amount of compensation to the claimants. The Oriental Insurance Company Ltd. representing the truck shall pay half of the compensation awarded by the Tribunal in both MAC Case No.156/2017 and MAC Case No.157/2017. The compensation amount shall carry an interest @ 6% p.a. since the date of filing of the claim petitions till full and final payment. The entire amount of the compensation shall be paid to the claimants without any riders.

With the aforesaid direction, these batches of MAC appeals along with Interlocutory Applications are disposed of.

JUDGE

Comparing Assistant