Page No.# 1/4 GAHC010242912024 2025:GAU-AS:5190 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./98/2025 KABITA NARZARY AND 4 ORS W/O. LT SUDEM NARZARY 2: SNEHA NAZARY D/O. LT SUDEM NARZARY REP. BY SMT. KABITA NAZARY (MOTHER) 3: HAZEL RANI NAZARY D/O. LT SUDEM NARZARY REP. BY SMT. KABITA NAZARY (MOTHER) 4: KANDI NAZARY W/O. KOMBLESWAR NAZARY 5: KOMBLESWAR NAZARY S/O. KATHA NAZARY ALL ARE R/O. VILL.- PATABARI DIMAPUR P/O. PATABARI P/S. AMGURI DIST. CHIRANG ASSAM VERSUS THE LEGAL MANAGER MAGMA HDI GENERAL INSURANCE COMPANY LTD. AND ANR 2ND FLOOR, FORT COMPLEX, G.S. ROAD, SOUTH SARANIA, JATIA, ULUBARI, GUWAHATI, ASSAM. 2:ABINASH NAZARY S/O. KOMLESWAR NAZARY R/O. VILL. PTABARI Page No.# 2/4 DIMAPUR P/O. PATABARI P/S. AMGURI PIN-783394 DIST. CHIRANG ASSAM For the petitioner (s) : Mr. S. C. Biswas, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 29.04.2025 Heard Mr. S. C. Biswas, the learned counsel appearing on behalf of the appellants. 2. This is an Appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and order dated 05.09.2024 passed by the learned Member, Motor Accident Claims Tribunal, Chirang, Kajalgaon in MAC (Death) Case No.22/2023. 3. The instant Appeal is taken up for disposal at the Stage of Order XLI Rule 11 of the Code of Civil Procedure, 1908 to ascertain as to whether the present Appeal is a fit case to be admitted and thereby to call for the records. 4. The materials on record show that on 15.07.2023, one Sudem Narzary while coming in his own car bearing registration No.AS-25- J-6335 from Beltol Bazar towards Beltol Gate at about 12.15 AM at Page No.# 3/4 night lost control and knocked on the divider near the road and resultantly the vehicle fell into a water canal. The said Sudem Narzary suffered injuries and died on the spot. On the basis thereof, the claimants joined together and filed the claim proceedings before the Motor Accident Claims Tribunals, Chirang at Kazalgaon which was registered as MAC (Death) Case No.22/2023. The learned Tribunal vide the judgment and order dated 05.09.2024 came to a finding that the said claim was not maintainable under Section 165 of the Motor Vehicles Act, 1988 in as much as the learned Motor Accident Claims Tribunal set up under the said Act could decide the compensation only to a third party. It was also observed that in view of Section 165 of the Motor Vehicles Act, 1988, the claim of the claimants pertained to personal accident cover as is admissible for the insurance policy and such claim can be raised against the insurance company in the appropriate forum. Accordingly, vide the impugned judgment and order, the claim proceedings were dismissed. 5. Taking into account the above observations so made in the impugned judgment and order dated 05.09.2024 and further that the appellants herein are first party claimants, this Court finds no ground to admit the instant Appeal for which the instant appeal stands dismissed. 6. Be it as it may, this Court however observes that the dismissal Page No.# 4/4 of the present Appeal as well as the judgment and order dated 05.09.2024 in MAC (Death) Case No.22/2023 shall not affect the rights of the claimants/the appellants herein to seek redressal from the concerned insurance company as well as the other forums available under law. JUDGE Comparing Assistant