Arunima Changmai Vs M/S New India Assurance Co. Ltd. and Anr. — Gauhati HC (2026) — LawSathi Research

Arunima Changmai Vs M/S New India Assurance Co. Ltd. and Anr. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of MAC Case No. 3026/2024 from the Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati to the Motor Accident Claims Tribunal, Sivasagar, with direction for transmission of the record forthwith upon placement of a certified copy; interim orders, if any, vacated.

Issue for consideration

Whether MAC Case No. 3026/2024, pending before the learned Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati, should be transferred to the learned Motor Accident Claims Tribunal, Sivasagar under Section 24 of the CPC.

Court's answer

Petition allowed: MAC Case No. 3026/2024, pending before the learned Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati, stands transferred to the learned Motor Accident Claims Tribunal, Sivasagar.

Ratio / Principle

Petitioner to obtain a certified copy of the order and place it before the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati, which on receipt shall transmit the record of MAC Case No. 3026/2024 to the learned Motor Accident Claims Tribunal, Sivasagar, forthwith.

Key takeaways

Interim order passed earlier, if any, stands vacated.ratio¶10

Detailed headnote1 paragraphs

Gauhati High Court, Robin Phukan, J.; Tr.P.(C)/46/2026; order dated 17.07.2026. Transfer petition under Section 24 CPC by Arunima Changmai, widow of Late Hemanta Borah, residing at Pohukhuwa Gaon, Parliguri, under Demow P.S., Sivasagar district, praying for transfer of MAC Case No. 3026/2024 from the Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati to the Motor Accident Claims Tribunal, Sivasagar. Petitioner's counsel submitted that the case had been instituted at Guwahati due to some misconception and that, residing in an interior part of Sivasagar district, it was difficult for her to pursue the matter at Guwahati. Counsel for respondent No. 1 (New India Assurance Co. Ltd.) raised no objection; respondent No. 2 (Bimal Chutia) remained unrepresented although, per office note dated 15.07.2026 and consignment/MO tracking report, notice had been delivered to him on 01.06.2026. Taking note of the submissions and circumstances on record, the Court allowed the petition, transferred MAC Case No. 3026/2024 to MACT, Sivasagar, directed the petitioner to obtain a certified copy and place it before the transferor Tribunal for onward transmission of the record forthwith, vacated interim orders, if any, and disposed of the transfer petition.

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GAHC010094932026

2026:GAU-AS:9754

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

Case No. : Tr.P.(C)./46/2026

ARUNIMA CHANGMAI

W/O LATE HEMANTA BORAH, R/O VILL- POHUKHUWA GAON, PARLIGURI, P.S.- DIMOU, DIST- SIBSAGAR, ASSAM, PIN- 785671

VERSUS

M/S NEW INDIA ASSURANCE CO. LTD. AND ANR REGIONAL OFFICE, REPRESENTED BY ITS REGIONAL MANAGER, STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, NEAR HANUMAN MANDIR, ULUBARI, G.S. ROAD, GUWAHATI- 781007, DIST- KAMRUP (M), ASSAM

2:BIMAL CHUTIA S/O DAMBARUDHAR CHUTIA R/O HATULACHUK SISSIBARGAON P.S. AND DIST- DHEMAJI ASSAM PIN-78711

Advocate for the Petitioner : MR N J DAS, MR. A DAS

Advocate for the Respondent : MS L SHARMA (R1),

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

Date : 17.07.2026

Heard Ms. B. Devi, learned counsel for the petitioner. Also heard Ms. L. Sharma, learned counsel for the respondent No. 1.

Office note dated 15.07.2026, indicates that neither A/D card nor unserved notice in respect of respondent No. 2 is received back by the Section. The said office note also indicates that as per consignment/MO tracking report, notice was delivered to the respondent No. 2 on 01.06.2026. However, the respondent No. 2 remains unrepresented today.

This petition, under Section 24 of the CPC, is preferred by the petitioner for transferring MAC Case No. 3026/2024, pending before the learned Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati to the learned Motor Accident Claims Tribunal, Sivasagar.

Ms. Devi, learned counsel for the petitioner submits that the petitioner, namely, Arunima Changmai is residing at Pohukhuwa Gaon, Parliguri, under Demow P.S., in the Sivasagar district. She also submits that due to some misconception, the petitioner had instituted MAC Case No. 3026/2024, before the learned Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati and that she is residing in an interior place of Sivasagar district, because of which it is difficult on her part to pursue the matter before the learned Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati, and therefore, she has contended to allow the petition by transferring MAC Case No. 3026/2024, to the learned Motor Accident Claims Tribunal, Sivasagar.

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Ms. Sharma, learned counsel for the respondent No. 1 submits that she has no objection in the event of allowing this petition.

Accordingly, taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to allow the petition.

The MAC Case No. 3026/2024, pending before the learned Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati stands transferred to the learned Motor Accident Claims Tribunal, Sivasagar.

The petitioner shall obtain a certified copy of this order and place the same before the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati and on receipt of the same, the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati shall transmit the record of MAC Case No. 3026/2024 to the learned Motor Accident Claims Tribunal, Sivasagar, forthwith.

In terms of above, this transfer petition stands disposed of.

Interim order passed earlier, if any, stands vacated.

JUDGE

Comparing Assistant