Page No.# 1/3 GAHC010026322025 2025:GAU-AS:1758 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/49/2025 ARUN CH DAS S/O LATE KHOGENDRA NATH DAS, R/O DERGAON NARIKALGURI, P.O AND P.S - DERGAON, DIST - GOLAGHAT, ASSAM VERSUS JOGEN DAS AND 2 ORS. S/O LATE THOLAI DAS, R/O UTTAR DALIJALIA, P.O- DERGAON, DIST - GOLAGHAT, ASSAM. (OWNER OF M/CYCLE NO AS-03/V4730) 2:MINTU DAS S/O PUHAI DAS R/O-VILLAGE- DAKHINDALIJALI GAON P.O - DERGAON DIST- GOLAGHAT ASSAM. (DRIVER OF M/CYCLE NO AS-03/V4730) 3:THE BRANCH MANAGER THE RELIANCE GEN INSURANCE CO. LTD. DIHANG ARCADE 4TH FLOOR ABC G.S ROAD GUWAHATI- 781005 (INSURER OF M/CYCLE NO AS-03/V4730 For the Petitioner(s) : Mr. P. Bhowmick, Advocate For the Respondent(s) : Mr. T. Kalita, Advocate , Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 19.02.2025 Heard Mr. P. Bhowmick, the learned counsel appearing on behalf of the Petitioner and Mr. T. Kalita, the learned Standing counsel appearing on behalf of the Reliance General Insurance Company Ltd. 2. This is an application filed under Article 227 of the Constitution challenging the order dated 13.09.2024 passed in MAC Case No.10/2018 whereby the learned Member, MACT, Golaghat had rejected the application filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 by the petitioner seeking amendment of the claim petition insofar as entering the correct policy number. 3. This Court duly takes note of that it is not only the duty of the claimant but also of the Insurance Company as well as the learned Tribunal in a claim proceedings coming within the purview of the Motor Vehicles Act, 1988 to proceed on the basis of the correct policy number. It is also relevant to take note of that the provisions of the Motor Vehicles Act insofar as the claim proceedings are concerned, are in the nature of welfare legislation and as such in the opinion of this Court, the learned Member, MACT, Golaghat ought to have allowed the application seeking amendment insofar as incorporating the correct policy number. 4. Taking into account the above, this Court allows the instant petition thereby interfering with the order dated 13.09.2024 passed in MAC Case No.10/2018 pending before the Court of the learned Member, MACT, Golaghat and further allows the petition being Petition No. 127/2024 Page No.# 3/3 dated 29.01.2024 filed by the Petitioner who is the claimant in the said proceedings. 5. In that view of the matter, this Court directs the Petitioner herein to file a fresh claim petition in terms with the amendment allowed within 06.03.2025. 6. Upon filing of the amended claim petition, the learned Member, MACT, Golaghat shall give an opportunity to the opposite party No.3 to file an additional written statement and thereupon proceed with the disposal of MAC Case No.10/2018 in accordance with law. JUDGE Comparing Assistant