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2026 DAILYLAW 14590 (GAU)

SUNIL CH. SARKAR v. THE NATIONAL INSURANCE COMPANY LTD. AND 2 ORS.

CRP(IO)/449/2026 · 2026-09-15

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010200392026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/449/2026 SUNIL CH. SARKAR S/O LATE RAI MOHAN SARKAR, VILLAGE NO. 1, BORPATHER, P.O- TAPTALA, P.S- BHURAGAON, DIST- MORIGAON, ASSAM VERSUS THE NATIONAL INSURANCE COMPANY LTD. AND 2 ORS. REGIONAL OFFICE, GUWAHATI, G.S. ROAD, BHANGAGARH, P.O.- GUWAHATI- 781005, DISTRICT- KAMRUP (METRO), ASSAM 2:SAIDUL ISLAM S/O SAHAR ALI C/O AYUB RAHMAN HOUSE NO- 90 HATIGAON DORGAH ROAD P.O AND P.S- HATIGAON GUWAHATI DIST- KAMRUP (METRO) ASSAM PIN- 781038 3:MANOJ DEWRI S/O B. DEWRI VILLAGE- LOTHABARI P.O.- PATUAKATA P.S.- MIKIRBHETA DISTRICT- MORIGAON ASSA Advocate for the Petitioner : MR. A R AGARWALA, MR ADITYA AGARWALA Page No.# 2/2 Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 16.09.2026 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 challenging the order dated 01.06.2026 passed by the MACT, Morigaon in MAC Case No.MAC(I)83/2020. 3. The petitioner is the claimant before the tribunal. On 06.01.2026, the Insurance Company being the Opposite Party No.1, was present. However, for failure to take steps upon the respondent Nos.1 & 2, the tribunal dismissed the Claim Petition of the present petitioner. 4. On a plain reading of the order dated 06.01.2026, it may be stated that the said order is bad in law. The Opposite Party No.1 was present on that day. Therefore, the impugned order dated 06.01.2026 passed by the MACT, Morigaon in MAC Case No.MAC(I)83/2020 is set aside. 5. The tribunal is directed to provide one opportunity to the claimant to take steps for service of notice upon the remaining respondents except the respondent No.1. With the aforesaid direction, the Civil Revision Petition is disposed of. JUDGE Comparing Assistant