Page No.# 1/5 GAHC010263502018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./130/2019 SRI BHABEN CH. DEKA S/O LATE BHOBKA RAM DEKA, R/O NARENGI FOREST GATE, MOTHER TERESA ROAD, PS NOONMATI, GUWAHATI DIST KAMRUP ASSAM VERSUS THE UNITED INDIA INSURANCE CO. LTD AND 2 ORS GS ROAD, GUWAHATI 5 POLICY NO. 130183/31/02/00000436 VALID UPTO 13.04.2014 INSURER OF THE VEHICLE NO. AS-01-Q-2462(MOTOR CYCLE) 2:SRI KRISHNA MONI DAS S/O LATE NANDI RAM DAS VILLAGE AND PO MONIARI TINIALI PS PALASHBARI DIST KAMRUP ASSAM 781128 OWNER OF THE VEHICLE NO. AS-01-Q-2462(MOTOR CYCLE) 3:SRI BIPUL DEKA S/O SRI BHABEN DEKA VILLAGE KATAHBARI PO AND PS GORCHUK . DIST KAMRUP M ASSAM. 781035 DRIVING LICENCE NO. AS-1420070041400 VALID UPTO 31.03.2017 DRIVER OF THE VEHICLE NO. AS-01-Q-2462(MOTOR CYCLE Page No.# 2/5 Advocate for the Petitioner : MS. R B BORA, Advocate for the Respondent : MR. A J SAIKIA, MS B KASSHYAP,MR. B KAKATI,MR. U K DUTTA Linked Case : I.A.(Civil)/1420/2023 SRI BHABEN CH. DEKA S/O LATE BHOBKA RAM DEKA R/O NARENGI FOREST GATE MOTHER TERESA ROAD PS NOONMATI GUWAHATI DIST KAMRUP ASSAM VERSUS THE UNITED INDIA INSURANCE CO. LTD AND 2 ORS GS ROAD GUWAHATI 5 POLICY NO. 130183/31/02/00000436 VALID UPTO 13.04.2014. INSURER OF THE VEHICLE NO. AS-01-Q-2462(MOTOR CYCLE) 2:SRI KRISHNA MONI DAS S/O LATE NANDI RAM DAS VILLAGE AND PO MONIARI TINIALI PS PALASHBARI DIST KAMRUP ASSAM 781128 OWNER OF THE VEHICLE NO. AS-01-Q-2462(MOTOR CYCLE) 3:SRI BIPUL DEKA S/O SRI BHABEN DEKA VILLAGE KATAHBARI PO AND PS GORCHUK . DIST KAMRUP M ASSAM. 781035 DRIVING LICENCE NO. AS-1420070041400 VALID UPTO 31.03.2017 Page No.# 3/5 DRIVER OF THE VEHICLE NO. AS-01-Q-2462(MOTOR CYCLE) ------------ Advocate for : MS. R B BORA Advocate for : MR. A J SAIKIA appearing for THE UNITED INDIA INSURANCE CO. LTD AND 2 ORS BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 11-12-2025 The present appeal under section 173 of the Motor vehicles Act,1988 has been preferred against the judgment and award dated 09.09.2018 passed by the learned Member, MACT No.2, Kamrup(M), Guwahati in MAC Case No.337/15 by which the learned Tribunal had awarded Rs. 3,00,452/- at the rate of 1% interest per annum from the date of filing the claim petition till payment. 2. Heard the learned counsel for the appellant Ms. R.B. Bora as well as Mr. A.J. Saikia, learned counsel for the respondents. 3. The appeal has been filed mainly on the ground that the appellant/claimant had exhibited bills and vouchers vide Ext.1 to Ext.6 to prove the accident and expenditures incurred towards his treatment. The claimant exhibited bills and vouchers of of Rs.244821/-(Rupees Two Lakhs, forty four thousand eight hundred twenty one) only. But, some of the bills and vouchers were in the name of the wife of claimant and in some the name of the patient has not been reflected. It is stated that the Insurance company had not contradicted any vouchers and had not examined any witness to contradict the same. However, the learned Tribunal did not take Page No.# 4/5 into account the bills and vouchers which had no name or which were in the name of the claimant’s wife. 4. The learned counsel for the appellant also submits that the claimant was permanently disabled and being a Driver, he is unable to drive now and therefore, the Tribunal should have taken into account the percentage of permanent disability. However, the same was not considered. Being aggrieved, the appellant preferred this appeal. 5. The learned counsel for the respondent/insurer submits that in the exhibit where the name of the claimant’s wife is shown as the patient the nature of injury is also different from that of the claimant and it is evident that the wife of the claimant has also undergone treatment and therefore, the tribunal had rightly not taken the said cash memos with the name of the claimant’s wife into consideration and the Tribunal had also rightly rejected the cash memos and bills which are without the name of the patient. Accordingly, the learned counsel for the respondent/insurer submits that the appeal may be dismissed as it is devoid of merit. 6. This Court has considered the submissions of the learned counsel and perused the trial Court Records. 7. Upon a bare perusal of the same, it is seen that in some of the exhibit from Ext.1 to Ext.6, the name of the patient is not inserted in the cash memo and bills. Further, in some of the exhibit, the name of the wife of the claimant is reflected as patient. It is also seen from the record that the respondent has not cross examined the claimant with regard to the exhibit which are not in the name of the claimant’s wife. The insurer also did not examine any person from the hospital or otherwise to disprove the same. Page No.# 5/5 8. Accordingly, the matter is remanded back to the Tribunal in order to enable the respondent/insurer to cross examine the claimant if so required and the Tribunal shall also allow the insurer to adduce evidence to disprove the claim. Further, the claimant is also at liberty to prove the exhibit without name or those with name of the claimant’s wife. 9. The parties shall appear before the Tribunal on 22.01.2026. Thereafter, the Tribunal shall proceed with the case and consider the matter afresh on the above factors. 10. Registry shall send back the trial Court records expeditiously. 11. The Registry shall also return the statutory deposit made by the appellant along with the interest accrued. 12. The appeal is disposed of. JUDGE Comparing Assistant