Allowed

Smti. Sita Giri v. Ambiya Bibi and 3 Ors.

Gauhati HC7 Sept 2022MACApp./119/2020

Case brief

AI extract

What is this about?

The Gauhati High Court allowed the appeal against the Motor Accident Claims Tribunal's order dismissing the claim as 'No claim' for lack of medical certificate. The High Court quashed the order, remanded the matter to the Tribunal, and directed the claimant to file evidence by a specific date.

What did the court decide?

Impugned order of 4/11/2019 set aside and quashed; matter remanded to MAC Tribunal with direction to allow evidence filing by 29/09/2022.

Smti. Sita Giri Vs Ambiya Bibi and 3 Ors. — Labour and Industrial Disputes | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010019952020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : MACApp./119/2020

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SMTI. SITA GIRI W/O- SRI AMAR GIRI, R/O- VILL.- MAINAJULI GAON, P.S. DHEKIAJULI, DIST.- SONITPUR, ASSAM.

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VERSUS

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AMBIYA BIBI AND 3 ORS. R/O- VILL.- BALESIA GAON, P.O. AND P.S. DHEKIAJULI, DIST.- SONITPUR, ASSAM, PIN- 784001.

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2:MD. ANOWAR ALI S/O- MD. BAREK ALI WARD NO. 6 BALESIA P.O. AND P.S. DHEKIAJULI DIST.- SONITPUR ASSAM PIN- 784001.

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3:THE UNITED INDIA INSURANCE COMPANY LTD. GUWAHATI-05.

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4:THE NATIONAL INSURANCE COMPANY LTD.

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GUWAHATI-05

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Advocate for the Petitioner : MR. P SUNDI

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Advocate for the Respondent :

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Page No.# 2/3

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BEFORE

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HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 07.09.2022

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Heard Mr. P. Sundi, the learned counsel appearing on behalf of the Appellant. Mr. R. Goswami, the learned counsel appears for the National Insurance Company Ltd. and Mr. K.K. Bhatta, the learned counsel appearing for the United Insurance Company Ltd, the Respondent Nos. 4 & 3 respectively. Taking into consideration the office note dated 1/9/2022, the service upon the respondent Nos. 1 & 2 is deemed to have been complete.

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This appeal has been preferred challenging the order dated 4/11/2019 passed in MAC Case No. 8/2019 whereby the Member, Motor Accident Claims Tribunal, Tezpur upon rejecting the application for adjournment disposed off the claim proceedings as “No claim”. A perusal of the impugned order dated 4/11/2019 shows that the said date was fixed for filing of the evidence on affidavit of the claimant and on that day an application was filed bearing No.2118/2019 wherein an adjourment was sought for on the ground that the claimant was an ailing lady and was suffering from menstruation problems. The Tribunal below vide the said order on the ground that there was no medical certificate rejected the adjournment prayer and dispose off the claim proceedings as “No claim”.

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Being aggrieved, the present appeal has been preferred.

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I have the learnd counsel for the parties and have also taken into consideration the provisions of Section 168 of the Motor Vehicles Act, 1988. As it is well settled that the said provisions seeking claim is a benovalent legislation and the ground assigned in the impugned order seems to this Court to be a very

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Page No.# 3/3

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hypertechnical approach being taken by the Court below, this Court is of the opinion that it would be in the interest of justice that the impugned order dated 4/11/2019 is set aside thereby the matter be remanded back to the Tribunal below for deciding afresh by giving an additional opportunity to the claimant to adduce evidence. In that view of the matter, the impugned order dated 4/11/2019 passed in MAC Case No. 8/2019 is set aside and quashed and the Tribunal below i.e. the Member, Motor Accident Claims Tribunal is directed to dispose off the said proceedings on merits. In doing so, an opportunity be given to the claimant to adduce evidence.

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The learned counsel for the appellant submits that the appellant would be in a position to file all the evidences on affidavit by 29^th September, 2022.

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Considering the above, this Court therefore, directs the appellant, who is the claimant in the proceedings to file her evidence (s) on affidavit on 29^th of September, 2022. The Tribunal shall thereupon proceed with the adjudication of the said claim proceedings in accordance with law.

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With the above observations and directions, the Appeal stands disposed off.

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JUDGE

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Comparing Assistant

Smti. Sita Giri v. Ambiya Bibi and 3 Ors.

Case brief

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Smti. Sita Giri v. Ambiya Bibi and 3 Ors.

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