Page No.# 1/2 GAHC010234612024 2025:GAU-AS:11346 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./601/2024 ASRUPI @ ASURUPI BEGUM AND ANR W/O. LATE CHAFAT ALI 2: JASMIN BEGUM D/O. LATE CHAFAT ALI VILL. LOWER MIRZAPUR MUSLIMPARA P/O. AZARA DIST. KAMRUP (M) ASSAM VERSUS ICICI LOMBARD GENERAL INSURANCE CO. LTD. AND 2 ORS KAMAKHYA TOWER, G.S. ROAD, CHRISTIAN BASTI, P/O. GUWAHATI- 781005, DIST. KAMRUP (M), ASSAM. 2:KORBAN ALI S/O. BOCHIR ALI VILL. MAHAKUCHI P/O. HAJO-781104 DIST. KAMRUP ASSAM. 3:TAPAN KALITA S/O. DILIP KALITA VILL.- MANAHCHUKI P/O. HAJO DIST. KAMRUP ASSAM Advocate for the Petitioner : MR. A R AGARWALA, MR ADITYA AGARWALA Advocate for the Respondent : MR. A RAHMAN (R-2,3), MS. M SAIKIA(R-1),MS. P BORTHAKUR(R-1),MR. R GOSWAMI (R-1) Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 26.08.2025 1. Heard Mr. A. R. Agarwala, learned counsel for the appellants. Also heard Mr. R. Goswami, learned counsel for the respondent/ Insurance Company. 2. This Appeal is against the Judgment dated 13.09.2024, passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup (Metro), Guwahati in MAC Appeal No.725/2022. 3. The appeal was dismissed for non-examination of an eye witness. Today both sides have agreed that this is a fit case for remand. 4. After hearing learned counsel for both sides, this Court is also of the opinion that this is a fit case for remand. 5. The Tribunal is directed to give one opportunity to the appellants to examine one eye witness and thereafter the Insurance Company shall also be allowed to examine witnesses, after that, the Tribunal shall dispose of the case in accordance with the procedure as laid down by law. 6. With the aforesaid direction, this MAC Appeal stands disposed of. JUDGE Comparing Assistant