GAHC010138022024 2025:GAU-AS:8016 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : MACApp./349/2024 SHRIRAM GENERAL INSURANCE CO. LTD

1000 E/8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-

302022 AND HAVING A BRANCH OFFICE AT B.R ARCADE, 3RD FLOOR, 21 JANAPATH, ULUBARI, GUWAHATI- 781007.

VERSUS DULUMONI DEKA AND 6 ORS.

W/O LATE TARANI KANTA DEKA, VILL.- BARGAON, P.O.- DORAKOHARA, P.S.- KAMALPUR, DIST.- KAMRUP, ASSAM, PIN-

781380.

2:JINA DEKA D/O LATE TARANI KANTA DEKA VILL.- BARGAON P.O.- DORAKOHARA P.S.- KAMALPUR DIST.- KAMRUP ASSAM PIN- 781380.

(BEING MINOR REP. BY HER LEGAL GUARDIAN MOTHER RES. NO. 1).

3:JINKON DEKA S/O LATE TARANI KANTA DEKA VILL.- BARGAON P.O.- DORAKOHARA P.S.- KAMALPUR DIST.- KAMRUP ASSAM PIN- 781380.

(BEING MINOR REP. BY HIS LEGAL GUARDIAN MOTHER RES. NO. 1).

4:JUMAN DEKA D/O LATE TARANI KANTA DEKA VILL.- BARGAON P.O.- DORAKOHARA P.S.- KAMALPUR DIST.- KAMRUP ASSAM PIN- 781380.

(BEING MINOR REP. BY HIS LEGAL GUARDIAN MOTHER RES. NO. 1).

5:DAYA BALA DEKA M/O LATE TARANI KANTA DEKA VILL.- BARGAON P.O.- DORAKOHARA P.S.- KAMALPUR DIST.- KAMRUP ASSAM PIN- 781380.

6:ARIF HUSSAIN S/O AKHTA HUSSAIN VILL.- CHANGSARI P.S.- CHANGSARI DIST.- KAMRUP ASSAM PIN- 781101.

7:SISHU RAM THAKURIA S/O LATE PHANIDHAR THAKURIA VILL.- GUIYA P.S.- KAMALPUR DIST.- KAMRUP ASSAM PIN- 781380 For the Appellant(s) : Mr. R. Goswami, Advocate For the Respondent(s) : Mr. S. Das, Advocate Date of Hearing : 13.06.2025 Date of Judgment : 13.06.2025 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

JUDGMENT AND ORDER (ORAL)

Heard Mr. R. Goswami, the learned counsel appearing on behalf of the appellant Insurance Company and Mr. S. Das, the learned counsel appearing on behalf of the respondent Nos. 1 to 5. None appears on behalf of the respondent Nos. 6 and 7.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act of 1988’) challenging the judgment and award dated 08.04.2024 passed by the learned Member, Motor Accident Claims Tribunal, No.1, Kamrup (Metro) at Guwahati (for short ‘the learned Tribunal’) whereby the learned Tribunal awarded an amount of Rs.53,38,941/- along with interest @9% per annum from the date of filing of the evidence on affidavit of the PWs i.e. 26.11.2019 till realization.

3. Mr. R. Goswami, the learned counsel appearing on behalf of the appellant Insurance Company submitted that by way of the present appeal, the appellant Insurance Company urges the following grounds of objection:

(i) The findings so arrived at by the learned Tribunal in respect to Issue No.(i) without perusal of the GD Entry was not in accordance with law and as such is required to be interfered with. Elaborating the said submission, the learned counsel submitted that the FIR in the case was filed after 27 days and as such, the GD Entry was a very vital piece of evidence which ought to have been taken into consideration by the learned Tribunal. The learned counsel further submitted that steps were taken on behalf of the appellant Insurance Company upon the Officer In-charge, Kamalpur Police Station for production of the GDE Extract pertaining to Kamalpur P.S. Case No.20/2018. But in spite of taking steps on three different occasions, the Officer In-charge, Kamalpur Police Station did not produce the said GD Entry. He therefore submitted that this is a case where there is a strong likelihood that the alleged accident did not happen and is a case of a fraudulent claim.

(ii) Mr. R. Goswami, the learned counsel further submitted that though the claim proceedings was filed on 02.02.2018 and the learned Tribunal have also acknowledged that the appellant Insurance Company was not involved in the delay of the said proceedings therefore awarding of interest from the date of filing of the evidence on affidavit filed by the PWs i.e. 26.11.2019 without taking into account that during the COVID period, the functioning of the Courts stopped, the interest during this period ought to have been wa