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2026 DAILYLAW 14114 (GAU)

ATMARAM KALANDI v. M/S ABED TEA FACTORY AND 2 ORS.

CRP(IO)/434/2026 · 2026-09-10

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/3 GAHC010193662026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/434/2026 ATMARAM KALANDI S/O SRI RADHA KALANDI, VILLAGE- NAMATI BONGALI GAON, P.S- HALWATING, DISTRICT- SIVSAGAR, ASSAM VERSUS M/S ABED TEA FACTORY AND 2 ORS. C/O BASIRUDDIN AHMED, LADOIGARH ROAD, VILLAGE- BARUAH PUKHURI, BAGHJAN GRANT, P.O AND DISTRICT- SIVSAGAR, ASSAM, PIN- 785681 2:ABDUL AZIM S/O ABDUL AHED VILLAGE- HALWATING BAZAR P.O- MADHAB NAGAR DISTRICT- SIVSAGAR ASSAM PIN- 785681 3:THE NEW INDIA ASSURANCE COMPANY LTD REGIONAL OFFICE GUWAHATI G.S. ROAD LACHIT BAGAR GUWAHATI- 781007 DISTRICT- KAMRUP (METRO) ASSA Advocate for the Petitioner : MR. A R AGARWALA, MR ADITYA AGARWALA Advocate for the Respondent : , Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 11.09.2026 Heard Mr. A.R. Agarwala, the learned counsel appearing for the petitioner. 2. This is an application under Article 227 of the Constitution of India in respect of MAC Case No.2749/2019 pending in the court of learned M.A.C.T. No.2, Kamrup(M), Guwahati. 3. The petitioner is the claimant before the Tribunal. On some dates, he could not appear before the Tribunal and therefore, his evidence was expunged and his cross- examination was also closed. 4. I have gone through the impugned order. I have also considered the submissions made by Mr. Agarwala. 5. The claimant filed the claim petition seeking compensation for the injuries sustained by his son in motor accident. His minor son lost some fingers of his right hand in that accident. 6. The provisions relating to payment of compensation under the Motor Vehicles Act are beneficial legislation. Therefore, this Court is of the opinion that the Tribunal had taken very strict approach, which the Tribunal should not have taken. 7. Accordingly, the impugned order dated 30.06.2026 passed by the learned M.A.C.T. No.2, Kamrup(M), Guwahati in MAC Case No.2749/2019 is set aside. 8. The Tribunal is directed to provide one opportunity to the claimant/petitioner to Page No.# 3/3 face cross-examination by the other side. With the aforesaid direction, the present civil revision petition is disposed of. JUDGE Comparing Assistant