Chakiya Bibi and 2 Ors v. Hussain Ali Sk and Anr

ORDER Date : 08.04.2024 Heard the learned counsel Mr. J. Kalita appearing for the appellants. This is an application under Section 173 of the Motor Vehicle Act, 1988 challenging the order dated 07.03.2024 passed by the MACT, Dhubri in MAC Case No.07/2024(Death). The accident took place on 23.11.2022 and the claim application was filed on 03.02.2024. The Tribunal by referring to Section 166(3) of the Motor Vehicle Act dismissed the claim application. Mr. Kalita has pointed out that police report under Section 173 of the Cr.P.C. was sent to the Court of the Chief Judicial Magistrate, Dhubri on

29.12.2022. According to Mr. Kalita, Sub-Section (4) of Section 166 of the Motor Vehicle Act states that the said report should have been considered as an application for compensation under the Motor Vehicle Act. I have considered the submissions made by the learned counsel of both sides. I find force in the submission of Mr. Kalita. The Final Form or Report under Section 173 of the Cr.P.C. was sent to the Court of the CJM, Dhubri on

29.12.2022. According to Sub-Section (4) of Section 166 of the Motor Vehicle Page No.# 3/3 Act, the report should have been accepted as an application paying compensation. The learned Tribunal erroneously dismissed the claim application of the applicants. Therefore, the appeal is allowed. The impugned order dated

07.03.2024 passed by the MACT, Dhubri in MAC Case No.07/2024(Death) is set aside. The Tribunal is directed to dispose of the claim application in accordance with the law laid down in the Motor Vehicle Act. The appeal stands disposed of accordingly.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010071042024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./153/2024o CHAKIYAoBIBIoANDo2oORSo W/OoLATEoSANTARoALI,o RESIDENToOFoVILLAGEoGERAMARIoPARToII,oPOoGERAMARI,oPSo GAURIPUR,oDISToDHUBRI,oASSAMo783339 2:oSAKIZURoALIo@oSAKIZURoHOQUE oS/OoLATEoSANTARoALI o RESIDENToOFoVILLAGEoGERAMARIoPARToII oPOoGERAMARI oPSoGAURIPUR oDISToDHUBRI oASSAMo783339 3:oSONJUMAoBEGUM oD/OoLATEoSANTARoALI o RESIDENToOFoVILLAGEoGERAMARIoPARToII oPOoGERAMARI oPSoGAURIPUR oDISToDHUBRI oASSAMo783339o REP.oBYoHERoMOTHERoPET.oNO.o VERSUSo HUSSAINoALIoSKoANDoANRo S/OoSAHIRoALIoSK,o RESIDENToOFoWARDoNO.o10oDHUBRI,oPOoANDoPSoDHUBRI,oASSAM 2:THEoORIENTALoINSURANCEoCO.oLTD. oREPRESENTEDoBYoITSoADDY.oMANAGERoGODREJoBUILDING oGSoROAD oULUBARI Page No.# 2/3 GUWAHATI ASSAM 78100 Advocate for the Petitioner : MRS. K DEVI Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA