Runu Gogoi and Anr v. Punam Kairi and Anr

O R D E R

01.05.2024

Both the petitions are taken up together for disposal taking into account that both the petitions seek the transfer of MAC Case No.1347/2021 pending before the learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M) at Guwahati to the Court of the learned District Judge, Sivasagar who is also functioning as the Member, MACT.

¶2This Court has duly taken note of that the accident took place within the district of Sivasagar. Both the claimant as well as the owner of the vehicle are residents within the district of Sivasagar. It is also very pertinent to observe the submission of Mr. T. Chetri, the learned counsel appearing on behalf of the claimant to the effect that the lawyer who was engaged was instructed to file the claim proceedings before the Court at Sivasagar, but the lawyer filed the application herein at Guwahati and it is on account of the said mistake, the instant proceedings have been filed.

¶3Taking into account the above, this Court is of the opinion that this is a fit case for transfer of MAC Case No.1347/2021 from the Court of the learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M) at Page No.# 4/4 Guwahati to the Court of the learned District Judge, Sivasagar who is also discharging the function as the Member, MACT, Sivasagar.

¶4This Court further vacates the orders by which further proceedings of MAC Case No.1347/2021 was stayed and directs the parties to appear before the learned District Judge, Sivasagar on 10.06.2024.

¶5The learned Member, Motor Accident Claims Tribunal No.3, Kamrup

(M) at Guwahati is hereby directed to forthwith upon receipt of a copy of this instant order to transfer the case records of MAC Case No.1347/2021 to the Court of the learned District Judge, Sivasgar.

¶6The Registry is further directed to intimate the Court of the learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M) at Guwahati as well as the learned District Judge, Sivasagar about the instant order.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010237552022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oTr.P.(C)./116/2022o MS.oPUNAMoKAIRIo D/OoLATEoBUDHESWARoKAIRI,oD/OoLATEoJASODAoKAIRI,oR/OoVILL-o ATKHELoBASTI,oP.O.oANDoP.S.-GELEKY,oDIST-oSIVASAGAR,oASSAM-785696 VERSUSo THEoREGIONALoMANAGER,oHDFCoARGOoGENERALoINSURANCEoCO.oLTD.o ANDo2oORSo LACHIToNAGAR,oG.S.oROAD,oABC,oGUWAHATI-07,oKAMRUPo(M),oASSAM 2:MRS.oRUNUoGOGOI oW/OoNABINoCHANDRAoGOGOI oR/OoGELEKYoCHARIALI oP.O.oANDoP.S.-GELEKY oDIST-oSIVASAGAR oASSAM-785696 3:NABINoCHANDRAoGOGOI oS/OoLATEoTUPAIoGOGOI oR/OoGELEKYoCHARIALI oP.O.oANDoP.S.-GELEKY oDIST-oSIVASAGAR oASSAM-78569o AdvocateoforotheoPetitionerooooo:oMR.oAoGANGULYo AdvocateoforotheoRespondento:oMR.oAoRoSHOMEo(R-2oANDo3)oo Page No.# 2/4 Linked Case : Tr.P.(C)./21/2023 RUNU GOGOI AND ANR WIFE OF SRI NABIN CHANDRA GOGOI RESIDENT OF- GELEKY CHARIALI P.O.- GELEKY P.S.- GELEKY DISTRICT- SIVASAGAR PIN- 785696 ASSAM. 2: NABIN CHANDRA GOGOI SON OF LATE TUPAI GOGOI RESIDENT OF- GELEKY CHARIALI P.O.- GELEKY P.S.- GELEKY DISTRICT- SIVASAGAR PIN- 785696 ASSAM. VERSUS PUNAM KAIRI AND ANR D/O- LATE BUDHESWAR KAIRI R/O- VILLAGE ATKHEL BASTI P.O.- GELEKY P.S.- GELEKY DISTRICT- SIVASAGAR PIN- 785696 ASSAM 2:THE REGIONAL MANAGER HDFC ERGO GENERAL INSURANCE CO. LTD. LACHIT NAGAR G.S. ROAD ABC Page No.# 3/4 GUWAHATI- 781007 DISTRICT- KAMRUP(M) ASSAM. ------------ Advocate for : MR. S CHAUHAN Advocate for : MR. A GANGULY (R-1) appearing for PUNAM KAIRI AND ANR BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH