Page No.# 1/4 GAHC010131842024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/241/2024 BULBUL GOGOI KALANDI @ KALANJI AND 3 ORS W/O- LATE HIRALAL KALANDI @ KALANJI, PERMANENT RESIDENTS OF VILLAGE- ITAKHULI GARMUR, P.S. AND DISTRICT- JORHAT, ASSAM, PRESENTLY RESIDING AT LALUNGAON, LOKHRA, P.S. GARCHUK, DIST.- KAMRUP (M) ASSAM 2: SRI DHRUBOJYOTI KALANDI S/O- LATE HIRALAL KALANDI PERMANENT RESIDENTS OF VILLAGE- ITAKHULI GARMUR P.S. AND DISTRICT- JORHAT ASSAM PRESENTLY RESIDING AT LALUNGAON LOKHRA P.S. GARCHUK DIST.- KAMRUP (M) ASSAM 3: SRI SOURAB KALANDI S/O- LATE HIRALAL KALANDI PERMANENT RESIDENTS OF VILLAGE- ITAKHULI GARMUR P.S. AND DISTRICT- JORHAT ASSAM PRESENTLY RESIDING AT LALUNGAON LOKHRA P.S. GARCHUK DIST.- KAMRUP (M) ASSAM 4: MISS RUPA KALANDI D/O- LATE JOYSHING KALANDI PERMANENT RESIDENTS OF VILLAGE- ITAKHULI GARMUR P.S. AND DISTRICT- JORHAT ASSAM PRESENTLY RESIDING AT LALUNGAON LOKHRA P.S. GARCHUK Page No.# 2/4 DIST.- KAMRUP (M) ASSA VERSUS RINKU BORDOLOI AND 2 ORS C/O- NETRADHAR BORDOLOI, VILLAGE- NA-ALI, DHEKIAJULI, JORHAT, P.S. TITABAR, DISTRICT- JORHAT, ASSAM, PIN- 785001 2:THE REGIONAL MANAGER NATIONAL INSURANCE CO. LTD. GUWAHATI REGIONAL OFFICE G.S.ROAD BHANGAGARH GUWAHATI-5 POLICY NO. 200200/31/15/6300004003 VALID FROM- 10.11.2015 TO 09.11.2016 3:SRI NARESWAR KARMAKAR VILLAGE- NA-ALI DHEKIAJULI JORHAT P.S. TITABAR DISTRICT- JORHAT ASSAM PIN- 785001 OPPOSITE PARTY NO. 1 IS OWNER OPPOSITE PARTY NO. 2 IS THE INSURER AND OPPOSITE PARTY NO.3 IS THE DRIVE For the Petitioner(s) : Mr. A. R. Sikdar, Advocate For the Respondent(s) : Mr. R. Sensua, Advocate : Mrs. P. B. Bordoloi, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 26.03.2025 Heard Mr. A. R. Sikdar, the learned counsel appearing on behalf of the petitioners and Mr. R. Sensua, the learned counsel appearing on behalf of the Respondent Nos. 1 and 3. I have also heard Mrs. P. B. Page No.# 3/4 Bordoloi, the learned counsel appearing on behalf of the respondent No.2 2. This is an application filed under Article 227 of the Constitution challenging an order dated 31.05.2024 passed by the learned Member, MACT No.1, Kamrup (M) at Guwahati in MAC Case No.1628/2016 wherein the applications filed by the petitioners bearing Petition No.912/2023 and Petition No.1268/2024 were rejected. 3. This Court has duly perused the materials on records including the claim petition, the evidence on affidavit of the Claimant Witness No.1, the evidence of the Claimant Witness No.2 as well as the applications so filed by the petitioners which were registered as Petition No.912/2023 and Petition No.1268/2024. 4. From a perusal of the materials on record, it transpires that nowhere in the claim petition as well as in the evidence so adduced, it has been mentioned that the deceased was travelling on the vehicle which met with an accident while he was in employment. The evidence of PW-2 was completed on 23.11.2020. Thereupon the evidence of DW-1 and DW-3 was also completed. The examination-in-chief of DW-2 was given and the proceedings was pending at the stage of cross-examination of the DW-2 when both these applications were filed. 5. This Court has duly taken note of the order passed by the learned Member, MACT No.1, Kamrup (M) Guwahati and the reasons assigned for rejection of both the applications. Upon perusal thereof, this Court is of the opinion that the learned Member, MACT No.1, Kamrup (M) Guwahati did not commit any error in exercise of its jurisdiction. Consequently, this Court does not find this to be a fit case to exercise the jurisdiction under Page No.# 4/4 Article 227 of the Constitution for which the instant petition stands dismissed. 6. The interim order passed by this Court on 19.07.2024 stands vacated and the parties herein who are duly represented are directed to appear before the learned Court of the MACT No.1, Kamrup (M) at Guwahati on 19.05.2025 for further proceedings of the claim proceedings. JUDGE Comparing Assistant