Page No.# 1/4 GAHC010242332017 2025:GAU-AS:2833 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./509/2017 SMTI PADUMI SAIKIA W/O JOGESWAR SAIKIA, R/O MADHABPUR PATH, P.O. DISPUR, DIST. KAMRUP M, ASSAM. VERSUS THE REGIONAL MANAGER NATIONAL INSURANCE CO. LTD and 3 ORS NATIONAL INSURANCE CO. LTD., GUWAHATI REGIONAL OFFICE, BHANGAGARH, G.S. ROAD, GUWAHATI 781005 2:THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD. ARUN PRAKASH MANSION BHANGAGARH G.S. ROAD GUWAHATI-781005 3:SARAIGHAT PHOTO TYPE REPRESENTED BY ITS PROPRIETOR 53 INDUSTRIAL ESTATE BAMUNIMAIDAM GUWAHATI 781021 4:RAJ KUMAR SINHA S/O SRI MOMI BABU SINHA R/O VILL. BASHSARA P.O. KUMARGHAT DIST. NORTH TRIPURA TRIPURA PIN 799264 PRESENT ADDRESS VILL. HATISILA P.O. PRAGJYOTISHPUR Page No.# 2/4 DIST. KAMRUP M ASSAM PIN 78113 For the Appellant(s) : Mr. P. P. Das, Advocate For the Respondent(s) : Mr. R. K. Bhatra, Advocate : Ms. A. Biyani, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 17.03.2025 Heard Mr. P. P. Das, the learned counsel appearing on behalf appellant and Ms. A. Biyani, the learned counsel appearing on behalf of the Insurance Company. 2. The present appeal has been filed challenging the judgment and order dated 23.06.2017 by which the learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M) at Guwahati had dismissed the claim proceedings being MAC Case No.885/2011. 3. The ground of objection so taken in the instant appeal is that the appellant was not afforded adequate opportunity. 4. This Court has perused the records as well as the impugned judgment and award and heard the learned counsels for the parties. 5. It is seen from the records that pursuant to filing of the claim proceedings, the owner of the vehicle as well as the Insurance Company have filed their written statements. On the basis of that, two issues were framed which pertains to : Page No.# 3/4 (i) Whether the victim Durlav Saikia died in the alleged road traffic accident on 31.12.2010 at Panikhaity due to rash and negligent driving of the driver of vehicle No.AS-01-Q-3045 (mini truck)? (ii) Whether the claimant is entitled for compensation, if so from whom and what will be just and fair compensation? 6. It is seen that the said claim proceedings was filed in the year 2011. In the said claim proceedings, the claimant did not file any document which would show that there was a vehicular accident which took place on 31.12.2010 at 4:10 PM at Panikhaity, Lohapara wherein the son of the claimant died in the motor vehicle accident. In addition to that, the claimant further failed to prove by introducing any evidence and rather preferred not to appear before the learned Tribunal to proceed with the case. 7. This Court upon perusal of the records, finds it relevant to observe that the learned Tribunal after framing issues on 10.06.2016 fixed 22.09.2016 for the purpose of the evidence of the claimant. The claimant took time on 22.09.2016, 08.11.2016, 22.02.2017 and the Court thereupon on 22.09.2017 made it categorically clear that the next date was fixed on 28.03.2017 as a last chance. However, on 28.03.2017, 25.04.2017 as well as on 28.04.2017, the claimant did not adduce evidence in spite of opportunities being provided. It is also seen that thereupon on 23.06.2017, the learned Tribunal taking into account that there was no evidence adduced by the claimant had dismissed the claim proceedings. 8. This Court has also perused the reasons assigned by the learned Page No.# 4/4 Tribunal and from the said reasons, this Court finds no ground to interfere with the said impugned judgment and order dated 23.06.2017 passed in MAC Case No.885/2011 for which, the instant appeal stands dismissed. 9. The Registry is directed to forthwith return the LCR to the learned Court below. JUDGE Comparing Assistant