GAHC010237402025 2026:GAU-AS:3551 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : CRP(IO)/473/2025 ELIZA PERVIN WIFE OF LATE AMINUL ISLAM, VILLAGE- BALATARI, P.O- FAKIRGANJ, DISTRICT- DHUBRI, ASSAM VERSUS CHOLA MS GENERAL INSURANCE CO LTD AND 4 ORS.

ASTHA PLAZA, G.S. ROAD, BORA SERVICE (OPP. S.B. DEORAH COLLEGE), GUWAHATI- 781007, DIST- KAMRUP (M), ASSAM

2:FARUK ABDULLA SON OF MABRAK ALI VILLAGE- NO. 1 JOGIPARA PATHAR P.O.- PACHIM SAMARIA P.S.- BOKO DISTRICT- KAMRUP ASSAM

3:ARFAT ALI SON OF NIZAM ALI VILLAGE- BAGHORGAON P.O. AND P.S.- BOKO DISTRICT- KAMRUP ASSAM

4:NAJEM ALI SON OF SIDDIK AKAND VILLAGE- BALATARI P.S- FAKIRGANJ DISTRICT- DHUBRI ASSAM

5:FATEMA KHATUN WIFE OF NAJEM ALI VILLAGE- BALATARI P.S- FAKIRGANJ DISTRICT- DHUBRI ASSA Advocate for the Petitioner : MR. A R AGARWALA, MR ADITYA AGARWALA,MD. K ALI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

11.03.2026 Heard Mr. A. R. Agarwalla, learned counsel for the petitioner. None appears for the respondent on call; even though, service upon them stands completed in view of the order dated 10.02.2026.

2. In this petition, under Article 227 of the Constitution of India, the petitioner has challenged the order, dated 09.10.2025, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), Guwahati, in MAC Case No. 1597/2024.

3. It is to be noted here that vide impugned order, dated 09.10.2025, the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), has held that the legal heirs, i.e., the wife and parents of the deceased, had filed two separate claim petitions in two different Tribunals for the same accident, and for consolidation of the claim and to avoid multiple proceedings, the same are required to be tried in same Tribunal. Thereafter, the learned Tribunal has transferred the said claim petition filed by the present petitioner, being MAC Case No.

1597/2024, to the learned Motor Accident Claims Tribunal, Dhubri.

4. Mr. Agarwalla, learned counsel for the petitioner submits that the petitioner is the wife of Late Aminul Islam, who suffered demise in a motor accident, that took place on 07.04.2024, at about 5:50 PM, near Seponsila, under Chaygaon Police Station, in the district of Kamrup. Thereafter, the petitioner herein has filed a claim petition, being MAC Case No. 1597/2024, before the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), on 03.07.2024. Upon the said claim petition, the learned Tribunal has registered the MAC Case No. 1597/2024, and issued notice to the respondents.

4.1. Mr. Agarwalla also submits that thereafter, the opposite party No. 1 of the said claim petition, namely, Chola MS General Insurance Co. Ltd., i.e., the respondent No. 1 herein; and insurer of the offending vehicle, had filed an application, being Petition No. 2930/2025, under Section 168 of the MV Act, read with Section 151 of the CPC, for dismissing the MAC Case No. 1597/2024; on the ground that another MAC Case, being MAC Case No. 51/2024(D), is pending for the same cause of action, relating to the accident, dated 07.04.2024, against the same opposite parties, before the learned Member, Motor Accident Claims Tribunal, Dhubri; and the case is fixed on 17.05.2024, for evidence; and in the said case, notice was issued to the present petitioner.

4.2 Mr. Agarwalla, also submits that the present petitioner is the wife of the deceased and though, she hails from Dhubri, yet, she has been presently working in Guwahati and as such, she has filed the claim petition on 03.07.2024, before the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M).

4.3 It is the further submission of Mr. Agarwalla that after filing of the MAC Case No. 1597/2024, by the present petitioner, the parents of the deceased, namely, Najem Ali and Fatima Khatun, also filed another claim petition before the learned Member, Motor Accident Claims Tribunal, Dhubri; upon which, MAC Case No. 51/2024(D) has