Gauhati High Court
MACApp./156/2017 of SRI NABIN CHANDRA SARMA Vs SRI ANIL KUMAR DAS and ANR on 9 September 2026
GAHC010194742017 2026:GAU-AS:13197 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./156/2017 SRI NABIN CHANDRA SARMA S/O LT. GANGA RAM SARMA, R/O VILL. BORKA, P.O. PUB BORKA, P.S. KAMALPUR, DIST. KAMRUP R, ASSAM, PIN 781101 VERSUS SRI ANIL
GAHC010194742017
2026:GAU-AS:13197
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./156/2017
SRI NABIN CHANDRA SARMA
S/O LT. GANGA RAM SARMA, R/O VILL. BORKA, P.O. PUB BORKA, P.S.
KAMALPUR, DIST. KAMRUP R, ASSAM, PIN 781101
VERSUS
SRI ANIL KUMAR DAS and ANR
S/O SRI LALIT CH. DAS, VILL. DHOPATARI, P.O. CHANGSARI, P.S.
KAMALPUR, DIST. KAMRUP ASSAM, PIN 781101
Advocate for the Petitioner : MR.D C K HAZARIKA, MS.J KALITA
Advocate for the Respondent : MR.R GOSWAMIR-2, MS.M DEVI(R-1),MS.R BEGUM(R-1),MS.M
SAIKIA(R-2),MR.P KATAKI(R-1),MS.P BORTHAKUR(R-2)
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
10.09. 2026 None appears for the appellant on call. Mr. R. Goswami, learned counsel, appears for the opposite party No. 2, and Ms. N. Kashyap, learned counsel, appears on behalf of Mr. P. Kakati, learned
Senior Counsel for the respondent No.1.
2. The present appeal has been preferred against the order dated 20.12.2016 passed by the Motor Accident Claims Tribunal, No.2, Kamrup (M) Guwahati, in MAC Case No. 1885/2012 whereby the claim had been dismissed on the following grounds : “20. It seems, the claimant has taken treatment in the Arya Hospital or Aruna Memorial Hospital for some other ailments and taking advantage of the alleged accident, he has submitted money receipts and cash memos of the expenditures incurred in the treatment of the said ailment in this case for wrongful gain. But, in the absence of any medical evidence, based on the Ext.-2 (1 to 42) money receipts and cash memos only, it cannot be held the said money receipts and cash memos relates to the injuries sustained in the alleged accident. Therefore, the claimant is not entitled to receive any compensation in this case.” “21. In the case of Smt. Badami (Deceased) By her L.Rs. Vs. Bhali, reported in MANU/SC/0491/2012, the Hon'ble Supreme Court has held that, "In the said case it was clearly stated that the courts of law are meant for imparting justice between the parties and one who comes to the court, must come with clean hands. A person whose case is based on falsehood has no right to approach the Court. A litigant, who approaches the court, is bound to produce all the documents executed by him which are relevant to the litigation. If a vital document is withheld in order to gain advantage on the other side he would be guilty of playing fraud on court as well as on the opposite party." Therefore, the claimant is not entitled to any compensation in this case. The issue No.II is decided in the negative.”
3. Although none appears for the appellant on call, I have gone through the materials available on record, the records before the Claims Tribunal and also the grounds of appeal taken. I have also noticed that the appellant has filed an application under Section 107 read with Order 41 Rr. 27 & Section 151 of the Code of Civil Procedure, 1908 for receiving Additional Evidence of the appellant in MAC Appeal No. 156/2017, with reference to the decision of this Court, in Union of India & Ors. vs. Mrs. Saraswati Debnath and Ors. reported in 1995 (II) GLT 117.
4. Mr. R. Goswami, learned counsel appearing for the Opposite Party No.2, Insurer, has resisted the appeal but has also fairly submitted that, in the event this Court is of the opinion that the evidence now sought to be brought on record is accepted and the matter is remanded back to the Tribunal, the claimant would have to prove his own case before the learned Tribunal.
5. Having gone through the contents of the application and noticing that the present appeal arises out of a claim under a statute which is of a beneficial nature, I deem it fit and proper and set aside judgment and order dated 20.12.2016 passed by the MACt Tribunal No.2, Kamrup (M) Guwahati and direct the appellant to approach the Tribunal, to make an application for bringing on record, the relevant documents which he had prayed for taking on record by the application filed under Section 107 read with Order 41 Rr. 27 & Section 151 of the Code of Civil Procedure before the Court.
6. On receipt of such an application, the learned Tribunal shall take on record the application, pass necessary order and thereafter proceed to decide the claim of the petitioner in accordance with law.
7. Since the insurer and the owner of the vehicle are present before this Court through their respective counsels, it would be deemed that they have notice of this order permitting the claimant to appear before the Tribunal. However, the Tribunal shall also issue notice to the owner of the vehicle and the insurer to appear before the Tribunal on a date to be fixed by the Tribunal and afford opportunity to the Opposite parties to participate in the claim proceedings in accordance with law.
8. It is made clear that this Court has not decided the merits of the claim but has only remanded the matter back for proper adjudication in the interest of justice.
9. MAC Appeal is accordingly disposed of. JUDGE Comparing Assistant