GAHC010194642011

2026:GAU-AS:586 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : MACApp./206/2011 ORIENTAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27 ASAF ALI ROAD, NEW DELHI-110002 AND REGIONAL OFFICE AT ULUBARI, GUWAHATI-7 VERSUS SMTI. GITA TALUKDAR andORS W/O LATE DINESH TALUKDAR

2:NABANITA TALUKDAR.

3:MRIDULA TALUKDAR

4:SANJIB TALUKDAR

5:AKHAY TLUKDAR OPPOSITE PARTIES 2 TO 5 ARE THE SONS AND DAUGHTERS OF THE DECEASED DINESH TALUKDAR AND ARE ALL RESIDENTS OF VILL.

PATHSALA WARD NO. 3 P.O. PATHSALA P.S. PATACHARKUCHI DIST. BARPETA ASSAM.

6:BALDEV SINGH S/O LATE SORDAL SINGH VILL. GIRDARINAGAR P.S. HAPUR DIST. GAYABAD UTTAR PRADESH OWNE OF THE VEHICLE NO

7:BHUMAN SINGH S/O LATE SORDAL SINGH VILL. LAKHANKA PUDDY P.S. CHUBAHANPUR DIST. KALPURTHALS PUNJAB DRIVER OF THE VEHICLE NO Advocate for the Petitioner : MS.M CHOUDHURY, MR.S DUTTA,MR.D BARUAH,MR.M CHOUDHURY,MR.D CHAKRABORTY Advocate for the Respondent : MS.P BARMAN, ,,, Linked Case : MC/3396/2011 ORIENTAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI-110002 AND REGIONAL OFFICE AT ULUBARI GUWAHATI-7 VERSUS SMTI. GITA TALUKDAR andORS W/O LATE DINESH TALUKDAR

2:NABANITA TALUKDAR.

3:MRIDULA TALUKDAR

4:SANJIB TALUKDAR

5:AKHAY TLUKDAR OPPOSITE PARTIES 2 TO 5 ARE THE SONS AND DAUGHTERS OF THE DECEASED DINESH TALUKDAR AND ARE ALL RESIDENTS OF VILL.

PATHSALA WARD NO. 3 P.O. PATHSALA P.S. PATACHARKUCHI DIST. BARPETA ASSAM.

6:BALDEV SINGH S/O LATE SORDAL SINGH VILL. GIRDARINAGAR P.S. HAPUR DIST. GAYABAD UTTAR PRADESH OWNE OF THE VEHICLE NO

7:BHUMAN SINGH S/O LATE SORDAL SINGH VILL. LAKHANKA PUDDY P.S. CHUBAHANPUR DIST. KALPURTHALS PUNJAB DRIVER OF THE VEHICLE NO.

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Advocate for : MR.D BARUAH Advocate for : appearing for SMTI. GITA TALUKDAR andORS :: BEFORE ::

(HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA)

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

Advocate(s) for the Respondent(s) : Ms. P. Barman, Advocate.

Date on which judgment is reserved : 13.11.2025. Date of pronouncement of judgment : 20.01.2026.

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, the learned counsel representing the appellant Insurance Company as well as Ms. P. Barman, the learned counsel appearing for the respondents.

2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 11.09.2002 passed by the learned Member, Motor Accident Claims Tribunal Barpeta in MAC Case No.148/2000.

3. On 01.04.2000, a truck bearing Registration No.HR-38/A/1930 was coming from Guwahati side to Barpeta Road. At about 7.30 A.M., at Denartary Railway Crossing on the National Highway No.31, the truck knocked down the deceased Dinesh Talukdar. He was immediately shifted to the hospital, which on the other hand referred him to Guwahati Medical College and Hospital. Within an hour of the accident, Dinesh Talukdar was declared dead.

4. A claim petition was filed before the Tribunal for seeking compensation.

5. The owner and driver of the truck both filed written statements. They claimed that the vehicle is insured under the Oriental Insurance Company Limited. The driver of the truck also claimed to have a valid driving licence.

6. The Oriental Insurance Company had contested the case by filing a separate written statement.

They claimed that it will be difficult for them to find out if the vehicle was actually insured with them.

7. On the basis of the pleadings, the Tribunal framed the following issues:

i. Whether on 01.04.2000 the driver (opposite party no.2) drove the vehicle bearing Registration No.HR-38/A/1930 in a rash and negligent manner, knocked down Dinesh Talukdar at Denartary Railway Crossing on National Highway No.31 causing severe injuries in his person who subsequently succumbed to his injuries?

ii. Are the claimants entitled to a decree as pray