Page No.# 1/3 GAHC010140252026 2026:GAU-AS:9495 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/307/2026 HAFIJUR RAHMAN S/O AZAHAR ALI, VILL.- BALIKURI RUBHI, P.O.- KALGACHIA, P.S.- KALGACHIA, DIST.- BARPETA, ASSAM, PIN- 781319 VERSUS THE REGIONAL MANAGER, THE ORIENTAL INSURANCE CO. LTD. ULUBARI, G.S. ROAD, GUWAHATI, P.O.- ULUBARI, DIST.- KAMRUP (M), ASSAM, PIN-781007 2:SHAWKAT ALI KHAN S/O SANDESH ALI KHAN R/O HOUSE NO.44 PUBERUN PATH BAGHARBARI, P.O.- BAGHARBARI P.S.- SATGAON DIST.- KAMRUP (M) ASSAM, PIN- 781037 3:MONIR UDDIN S/O AJIM UDDIN R/O HOUSE NO.44 PUBERUN PATH BAGHARBARI, P.O.- BAGHARBARI P.S.- SATGAON DIST.- KAMRUP (M) ASSAM, PIN- 78103 Advocate for the Petitioner : MR. S AHMED, T UDDIN Advocate for the Respondent : , Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 13.07.2026 Heard Mr. S. Ahmed, learned counsel for the petitioner. 2. This petition under Section 115 of the CPC, read with Article 227 of the Constitution of India is directed against the order, dated 13.05.2026, passed by the learned Member, Motor Accident Claims Tribunal No.2, Kamrup(M), Guwahati, in MAC Case No.1219/2020. It is to be noted here that vide impugned order, dated 13.05.2026, the learned Tribunal has dismissed the Petition No.2916, dated 13.05.2026, under Section 151 of the Code of Civil Procedure and Section 169 of the M.V. Act for recalling the order dated 30.03.2026, and allowing the claimant to adduce evidence. 3. Mr. Ahmed, learned counsel for the petitioner submits that the petitioner has instituted a claim petition under Section 166 of the M.V. Act, upon which MAC Case No.1219/2020 has been registered by the learned Tribunal and thereafter, the learned Tribunal has issued notice to the opposite parties and the opposite parties entered appearance and filed their written statement and thereafter, the learned Tribunal has fixed the matter for evidence and since 05.04.2022, the petitioner herein could not adduce evidence due to want of certain documents such as, charge-sheet and seizure list and also there was Covid-19 pandemic in the year 2022 and thereafter, on 30.03.2026 the petitioner herein filed the Petition No.2022 dated 30.03.2026 for adjournment of the case and to fix another date for evidence and then vide order dated 30.03.2026, the learned Tribunal has rejected the petition on the ground that it had given the last opportunity to adduce the evidence, and thereafter dismissed the Petition No.2022, dated 30.03.2026, and also on the ground that the petitioner has been taking adjournment since 05.04.2022, showing one cause or other and in spite Page No.# 3/3 of getting several opportunities, he failed to file his evidence. 4. Mr. Ahmed, learned counsel for the petitioner further submits that the petitioner has already prepared his evidence-in-affidavit and since the Motor Vehicles Act is a beneficial legislation, the petitioner herein may be given a chance to adduce evidence to establish his claim in the claim petition otherwise serious prejudice will be caused to him. 5. Having heard the submission of Mr. Ahmed, learned counsel for the petitioner, this Court has carefully gone through the petition and the documents placed on record and also perused the order dated 30.03.2026 and also the order dated 13.05.2026. 6. It appears that the learned Tribunal has afforded sufficient opportunity since 05.04.2022 to adduce evidence to the petitioner herein. Though the grounds assigned by the petitioner is found to be not at all satisfactory yet, considering the fact that the petitioner will suffer serious prejudice in the event of denying him an opportunity to adduce evidence in support of his claim petition, this Court is inclined to dispose of this petition by directing the learned Tribunal to afford an opportunity to the petitioner to adduce his evidence and to facilitate the petitioner to adduce his evidence. Consequently, the impugned orders dated 30.03.2026 and the order dated 13.05.2026 are set aside and quashed. 7. The petitioner herein is directed to file his evidence-in-affidavit within a period of one week from today and on such affidavit being filed, the learned Tribunal shall accept the same and proceed to hear the matter in accordance with law. Comparing Assistant Sd/- Robin Phukan JUDGE