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2025 DAILYLAW 27531 (GAU)

KRISHNA PRAN GOSWAMI v. KABIN BASUMATARY AND 2 ORS.

CRP(IO)/475/2025 · 2025-11-25

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010252682025 2025:GAU-AS:16064 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/475/2025 KRISHNA PRAN GOSWAMI SON OF LATE BHARAT GOSWAMI, A RESIDENT OF VILLAGE- LOCH, P.S.- BAIHATA CHARIALI, DISTRICT- KAMRUP (R), ASSAM VERSUS KABIN BASUMATARY AND 2 ORS. SON OF SRI MAHESWAR BASUMATARY, A RESIDENT OF DAKHIN GANDHIBARI, P.S.- TAMULPUR, DIST.- BAKSA (BTAD), ASSAM PIN-781367 2:DILIP KUMAR GOSWAMI SON OF LATE MAHENDRA NATH GOSWAMI RESIDENT OF VILLAGE- LOCH P.S.- BAIHATA CHARIALI DISTRICT- KAMRUP (R) ASSAM PIN-781381 3:HDFC ERGO GIC LTD HAVING ITS BRANCH OFFICE AT G.S. ROAD ULUBARI DISTRICT- KAMRUP (M) ASSAM PIN-78100 Advocate for the Petitioner : MR D MONDAL, Advocate for the Respondent : , Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 26.11.2025 1. Heard Mr. D. Mondal, learned counsel for the petitioner. 2. This is an application filed under Article 227 of the Constitution of India challenging the Order dated 19.09.2025, passed by the learned Member MACT No.III, Kamrup (Metro) at Guwahati. 3. The petitioner is the claimant before the Tribunal. 4. On 04.06.2025, the hearing of evidences of the claimant side was closed and thereafter on 24.07.2025, the claimant filed an application praying for recalling the said order and to allow him to adduce evidence. The Tribunal refused the said prayer. 5. I have considered the submission made by learned counsel for the petitioner. 6. The provisions relating to payment of compensation in Motor Vehicles Act are beneficial legislations. Therefore, the Tribunal should not approach strictly in these matters, depriving the claimants from getting compensation. 7. Therefore, the order dated 19.09.2025 is set aside. 8. The Tribunal is directed to effort opportunity to the claimant to adduce evidence on 22.01.2026 and after that the Tribunal shall proceed to dispose of the case in accordance with the procedure as laid down by law. 9. With the aforesaid direction, this Civil Revision Petition stands disposed of. JUDGE Comparing Assistant