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2025 DAILYLAW 10450 (GAU)

SBI GENERAL INSURANCE CO. LTD. v. SUME BEGUM @ SUMI BEGUM @ SUMI KHATUN

Review.Pet./46/2025 · 2025-05-18

Devashis Baruah

Transfer Petitionbody2025

Judgment text

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Page No.# 1/4 GAHC010073702025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./46/2025 SBI GENERAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY RUSTOMJEE, 101, JUNCTION OF MV ROAD AND WESTERN EXPRESS HIGHWAY, ANDHERI (EAST), MUMBAI 400069 ITS REGIONAL OFFICE 4TH FLOOR, B BLOCK, APEEJAY HOUSE, 15 PARK STREET, KOLKATA 700016 WEST BENGAL AND ITS BRANCH OFFICE AT 2ND FLOOR, LAKSHMI DARSHAN, OPPOSITE BORA SERVICE STATION, ULUBARI, G.S. ROAD, GUWAHATI 781007 REPRESENTED BY ITS SR. EXECUTIVE LITIGATION AND TP VERSUS SUME BEGUM @ SUMI BEGUM @ SUMI KHATUN W/O MD. INAMUL HAQUE, R/O VILL. BHALUKEKHOWA, P.S. TEZPUR, DIST. SONITPUR, ASSAM, PIN 788701 2:SUHANA BEGUM D/O MD. INAMUL HAQUE R/O VILL. BHALUKEKHOWA P.S. TEZPUR DIST. SONITPUR ASSAM PIN 788701 (THE RESPONDENT NO 2 BEING MINOR IS REPRESENTED BY THE RESPONDENT NO 1-MOTHER) 3:MOTIUR RAHMAN S/O MANSUR ALI R/O VILL. BAGALIJAN P.S. LAKHIMPUR DIST. LAKHIMPUR Page No.# 2/4 ASSAM PIN 787001 (OWNER OF THE VEHICLE BEARING NO AS 07/BC-3690 (BOLERO PICK UP) 4:MD.RUPSUN ALI S/O SAMSUL ALI R/O VILL. BUWALGURI P.S LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN 787001 (DRIVER OF THE VEHICLE BEARING NO AS-07/BC-390 (BOLERO PICK UP Linked Case : MACApp./66/2025 SBI GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY RUSTOMJEE 101 LUNCTION OF MV ROAD AND WESTERN EXPRESS HIGHWAY ANDHERI (EAST) MUMBAI-400069 ITS REGIONAL OFFICE 4TH FLOOR BLOCK APEEJAY HOUSE 15 PARK STREET KOLKATA- 700 016 WEST BENGAL AND ITS BRANCH OFFICE AT 2ND FLOOR LAKSHMI DARSHAN OPPOSITE BORA SERVICE STATION ULUBARI G.S. ROAD GUWAHATI-781007 REP. BY ITS SR. EXECUTIVE-LITIGATION AND TP. VERSUS SUME BEGUM @ SUMI BEGUM @ SUMI KHATUN WIFE OF MD. INAMUL HAQUE RESIDENT OF VILLAGE- BHALUKEKHOWA POLICE STATION TEZPUR DISTRICT- SONITPUR Page No.# 3/4 ASSAM PIN CODE- 788701 2:SUHANA BEGUM DAUGHTER OF MD. INAMUL HAQUE RESIDENT OF VILLAGE- BHALUKEKHOWA POLICE STATION - TEZPUR DISTRICT- SONITPUR ASSAM PIN CODE- 788701 (THE RESPONDENT NO. 2 BEING MINOR IS REP. BY THE RESPONDENT NO.1- MOTHER) 3:MOTIUR RAHMAN SON OF MANSUR ALI RESIDENT OF VILLAGE- BAGALIJAN POLICE STATION- LAKHIMPUR DISTRICT- LAKHMPUR ASSAM PIN-787001 4:RUPSUN ALI SON OF SAMSUL ALI RESIDENT OF VILLAGE-BUWALGURI POLICE STATION- LAKHIMPUR DISTRICT- LAKHIMPUR ASSAM PIN CODE 787001 For the petitioner (s) : Mr. T. Kalita, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 19.05.2025 This is an application seeking review of the order dated 05.03.2025 passed in I.A.(C) No.614/2025. Page No.# 4/4 2. Mr. T. Kalita, the learned counsel appearing on behalf of the applicant submits that the review application has been filed taking into account that after the Motor Vehicles Act, 1988 having been amended w.e.f. 01.04.2022, there is no provisions for pay and then to recover. He therefore submits that if this order is not reviewed, the applicant would not be in a position to recovery. 3. This Court is of the opinion that as in the order dated 05.03.2025, it has been duly mentioned that the payment is directed to be made by the applicant and in the circumstance the applicant is successful in the said Appeal, the appropriate direction would be issued for the purpose of recovery to be made from the owner, this Court finds no ground for reviewing the order dated 05.03.2025 passed in I.A.(C) No.614/2025. 4. Accordingly, the instant review application stands closed. JUDGE Comparing Assistant