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2026 DAILYLAW 9723 (GAU)

ARUNIMA CHANGMAI v. M/S NEW INDIA ASSURANCE CO. LTD. AND ANR

Tr.P.(C)./46/2026 · 2026-07-16

Robin Phukan

body2026

Judgment text

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Page No.# 1/3 GAHC010094932026 2026:GAU-AS:9754 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./46/2026 ARUNIMA CHANGMAI W/O LATE HEMANTA BORAH, R/O VILL- POHUKHUWA GAON, PARLIGURI, P.S.- DIMOU, DIST- SIBSAGAR, ASSAM, PIN- 785671 VERSUS M/S NEW INDIA ASSURANCE CO. LTD. AND ANR REGIONAL OFFICE, REPRESENTED BY ITS REGIONAL MANAGER, STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, NEAR HANUMAN MANDIR, ULUBARI, G.S. ROAD, GUWAHATI- 781007, DIST- KAMRUP (M), ASSAM 2:BIMAL CHUTIA S/O DAMBARUDHAR CHUTIA R/O HATULACHUK SISSIBARGAON P.S. AND DIST- DHEMAJI ASSAM PIN-78711 Advocate for the Petitioner : MR N J DAS, MR. A DAS Advocate for the Respondent : MS L SHARMA (R1), Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 17.07.2026 Heard Ms. B. Devi, learned counsel for the petitioner. Also heard Ms. L. Sharma, learned counsel for the respondent No. 1. 2. Office note dated 15.07.2026, indicates that neither A/D card nor unserved notice in respect of respondent No. 2 is received back by the Section. The said office note also indicates that as per consignment/MO tracking report, notice was delivered to the respondent No. 2 on 01.06.2026. However, the respondent No. 2 remains unrepresented today. 3. This petition, under Section 24 of the CPC, is preferred by the petitioner for transferring MAC Case No. 3026/2024, pending before the learned Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati to the learned Motor Accident Claims Tribunal, Sivasagar. 4. Ms. Devi, learned counsel for the petitioner submits that the petitioner, namely, Arunima Changmai is residing at Pohukhuwa Gaon, Parliguri, under Demow P.S., in the Sivasagar district. She also submits that due to some misconception, the petitioner had instituted MAC Case No. 3026/2024, before the learned Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati and that she is residing in an interior place of Sivasagar district, because of which it is difficult on her part to pursue the matter before the learned Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati, and therefore, she has contended to allow the petition by transferring MAC Case No. 3026/2024, to the learned Motor Accident Claims Tribunal, Sivasagar. Page No.# 3/3 5. Ms. Sharma, learned counsel for the respondent No. 1 submits that she has no objection in the event of allowing this petition. 6. Accordingly, taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to allow the petition. 7. The MAC Case No. 3026/2024, pending before the learned Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati stands transferred to the learned Motor Accident Claims Tribunal, Sivasagar. 8. The petitioner shall obtain a certified copy of this order and place the same before the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati and on receipt of the same, the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati shall transmit the record of MAC Case No. 3026/2024 to the learned Motor Accident Claims Tribunal, Sivasagar, forthwith. 9. In terms of above, this transfer petition stands disposed of. 10. Interim order passed earlier, if any, stands vacated. JUDGE Comparing Assistant