Page No.# 1/3 GAHC010108802022 2025:GAU-AS:11146 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./314/2022 UNITED INDIA INSURANCE COMPANY LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD, CHENNAI 600014 AND ONE OF THE REGIONAL OFFICE AT M.S.S PATH, GS ROAD, DISPUR, GUWAHATI 781005 VERSUS SANDESWAR BARUAH AND 2 ORS. S/O MOHESH BARUAH RESIDENT OF VILLAGE DHOLAGAON, PO NORTH BOITAMARI. PS AND DIST BONGAIGAON, ASSAM, 783389 2:MR. JOYDEV NATH S/O BHUPEN NATH RESIDENT OF VILLAGE DHOLAGAON PO NORTH BOITAMARI. PS AND DIST BONGAIGAON ASSAM 783389 3:MR. ANJAN KUMAR NATH S/O LATE DHANESWAR NATH RESIDENT OF VILLAGE DHOLAGAON PO NORTH BOITAMARI. PS AND DIST BONGAIGAON ASSAM 78338 Advocate for the Petitioner : MR. A J SAIKIA, MR. B KAKATI,MR G S BORO Advocate for the Respondent : MR. M KHAN (R-1), J. AKTAR (R-1),MR A K DAS Page No.# 2/3 Linked Case : I.A.(Civil)/1666/2022 UNITED INDIA INSURANCE COMPANY LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD CHENNAI 600014 AND ONE OF THE REGIONAL OFFICE AT M.S.S PATH GS ROAD DISPUR GUWAHATI 781005 VERSUS SANDESWAR BARUAH AND 2 ORS. S/O MOHESH BARUAH RESIDENT OF VILLAGE DHOLAGAON PO NORTH BOITAMARI. PS AND DIST BONGAIGAON ASSAM 783389 2:MR. JOYDEV NATH S/O BHUPEN NATH RESIDENT OF VILLAGE DHOLAGAON PO NORTH BOITAMARI. PS AND DIST BONGAIGAON ASSAM 783389 3:MR. ANJAN KUMAR NATH S/O LATE DHANESWAR NATH RESIDENT OF VILLAGE DHOLAGAON PO NORTH BOITAMARI. PS AND DIST BONGAIGAON ASSAM 783389 ------------ Advocate for : MR. A J SAIKIA Advocate for : appearing for SANDESWAR BARUAH AND 2 ORS. BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 21.08.2025 1. Heard Mr. A.J Saikia, learned counsel for the appellant. Also heard Mr. M Page No.# 3/3 Khan, learned counsel for the respondent/Claimant. 2. Mr. M Khan, learned counsel for the respondent/Claimant has produced a copy of the order dated 19.10.2022 passed in M.A.C Appeal No. 466/2022 and submits that this case is covered by the order dated 19.10.2022 in M.A.C Appeal No. 466/2022. The records of M.A.C Appeal No. 466/2022 has been placed before this Court and the same has been perused. It is seen that the insurer had challenged the award in M.A.C Appeal No. 466/2022 on the ground that the liability could not have been fastened on the insurer. Hence, the appeal was not on quantum but on the question of liability. 3. Similarly, in the present case, the learned counsel for the appellant has admitted that the challenge by the appellant is not on quantum but on the question of liability. 4. Upon going through the pleadings, this Court is of the view that the present case is similar to that of the facts and circumstances of the M.A.C Appeal No. 466/2022 and as a co-ordinate Bench of this Court has already held that the appeal is not maintainable, in view of the mandate of sub-section 2 of Section 173 of the M.V Act, 1988, this Court is of the view that the present appeal is also not maintainable. 5. Accordingly, the appeal stands dismissed and the statutory amount deposited may be returned back to the appellant/insurer. JUDGE Comparing Assistant