GAHC010081262025

2026:GAU-AS:6752 IN THE GAUHATI HIGH COURT HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)

MACApp./167/2025 Oriental Insurance Co. Ltd., (A Central Govt. Undertaking) Having Its Regional Office At Guwahati, G.S. Road, Ulubari, Guwahati-781007 Represented By The Deputy Manager, Gauhati Regional Office, Ulubari, Guwahati-781007.

…..Appellant -Versus-

1: Smt Saraswati Haloi, W/o Late Gokul Haloi.

2: Diganta Haloi, S/o Late Gokul Haloi.

Both Are R/o Vill.Chanda, P.O. And P.S. Mukalmua, Dist. Nalbari, Assam, Pin-781126.

3: Munindra Kalita, S/o Sri Khiteswar Kalita, C/o Sri Dharmeswar Kalita, R/o Vill:-Khepkuchi, P.O.Goreswar, P.S. Baihata Chariali, Dist. Kamrup (R), Assam, Pin-781366.

4: Md. Rafiqul Islam, S/o Soleman Ali, R/o Vill: Chorabari, P.O. Khopnikuchi, P.S. Hajo, Dist.-Kamrup(R), Assam.

Pin-781102 ……Respondent For Appellant Ms. R.D. Mozumdar,Advocate :

For Respondent Mr. K.K. Dey, Advocate :

Date of Hearing 07.05.2026 :

Date of Judgment 11.05.2026 :

BEFORE HON’BLE MR. JUSTICE MRIDUL KUMAR KALITA JUDGMENT AND ORDER [1] Heard Ms. R. D. Mozumdar, the learned counsel for the appellant insurance company. Also heard Mr. K. K. Dey, the learned counsel for the respondent Nos. 1 and 2/ claimants.

[2] This appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by the Oriental Insurance Company Limited impugning the judgment and award dated 17.01.2025, passed by the Motor Accident Claims Tribunal No. 1, Kamrup (M), Guwahati in MAC Case No. 2640/2019, whereby the Motor Accident Claims Tribunal had directed the present appellant to pay the compensation amount of Rs. 14,65,984/- along with interest at the rate of 9% per annum on the awarded amount. It was further observed in Paragraph No. 53 of the impugned judgment that the insurance company is at liberty to recover the awarded amount from the owner of the offending vehicle as per law.

[3] The facts relevant for consideration of the instant appeal, in brief, are that on 10.08.2019, when the claimant No. 1, namely, Late Gokul Haloi, was walking by the left side of the road near his house at Chanda, a traveler vehicle bearing Registration No. AS-25-AC-0672, coming at a high speed, knocked him down. As a result of the said accident, Late Gokul Haloi sustained grievous injuries on his person and later on, he succumbed to his injuries. An FIR was also lodged in connection with the aforesaid accident and on the basis of the said FIR, the Mukalmua P.S. Case No. 407/2019 was registered under Sections 279/338/337/304A of the Indian Penal Code, 1860.

[4] The respondent Nos. 1 and 2, who are the widow and son of the deceased Late Gokul Haloi respectively, approached the Motor Accident Claims Tribunal No. 1, Kamrup (M), Guwahati by filing an application under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for death of their husband/father.

[5] The present appellant contested the claim by filing written statement. The owner and the driver of the offending vehicle did not appear before the Tribunal and the claim case proceeded ex parte against them.

[6] Amongst the defences taken by the insurance company in its written statement, it also took the defence that the driver of the offending vehicle did not possess any valid driving licence at the time of the alleged accident.

[7] Upon pleadings of both the parties, the Motor Accident Claims Tribunal No. 1, Kamrup (M), Guwahati framed the following issues: -

1. Whether the alleged motor vehicular accident had taken place on 10-08-2019 at about 2.45 PM at Chanda on Hajo-Barpeta PWD Road under Mukalmua P.S. in the district of Kamrup, Assam due to rash and negligent manner of driving on the part of the driver of the vehicle bearing Registration No.AS-25-AC-0672 and in consequence of that Gokul Haloi had died?

2. Whether the vehicle bearing Registration No. AS-25-

AC-0672 was duly insured with the O.P. No.3 i.e. Oriental Insurance Company Ltd. under valid insurance policy at the relevant time of accident?

3. Whethe