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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SUSMITA PHUKAN KHAUND
HDFC ERGO General Insurance Co. Ltd. – Appellant
Versus
Musstt Anowara Begum, W/o. Abdul Ali – Respondent
JUDGMENT :
SUSMITA PHUKAN KHAUND, J.
1. Heard learned counsel, Mr. R. Goswami for the appellant/Insurer. Also heard learned counsel Mr. M. Khan for respondent Nos.1 & 2/claimants, and learned counsel Mr. S. K. Poddar for respondent No. 3(owner).
2. The MAC appeal No.385/2016 and CO No. 6/2024 are decided through this common judgment as both the analogous cases arise out of the same cause of action. The claimants in this case are M. Anowara Begum and M. Asma Khatun, whereas the respondents in this case are HDFC ERGO General Insurance Company Ltd., insurer of vehicle No. AS19B/0245 of Tata Indica make and the owner of the vehicle is Smt. Anita Sarkar, arrayed as opposite party No. 2 in MAC case No.48/2009.
3. In this case, the appellants and the respondents will be referred to as the claimants, the insurance company or the insurer and the owner of the vehicle respectively. The claimant’s case in brief is that on 14.09.2008, while Kabed Ali, driver of Smt. Anita Sarkar, parked the vehicle bearing registration No. AS19B/0245 of Tata Indica make in the taxi stand at Bongaigaon and was waiting for passengers to hire the vehicle, at about 6 p.m., two unknown miscreants hired the vehicle from
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