Gauhati High Court
MACApp./75/2016 of YOUSUF ALI Vs BAJAJ ALLIANZ GENERAL INSURANCE CO LTD and 8 ORS on 17 June 2026
GAHC010109412016 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./74/2016 YOUSUF ALI S/O MOHABAT ALI, VILL. MADHUSOULMAR, P.O. and P.S. GAURIPUR, DIST. DHUBRI, ASSAM. VERSUS BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED and 5
GAHC010109412016
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./74/2016
YOUSUF ALI
S/O MOHABAT ALI, VILL. MADHUSOULMAR, P.O. and P.S. GAURIPUR, DIST.
DHUBRI, ASSAM.
VERSUS
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED and 5 ORS
REPRESENTED BY THE MANAGER, 2B 2ND FLOOR CENTRE POINT, G.S.
ROAD, ULUBARI OPPOSITE BORA SERVICE STATION GUWAHATI, ASSAM
INSURER OF VEHICLE NO. WB-15-A/1381 TRUCK
2:BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
REPRESENTED BY ITS MANAGER
2B 2ND FLOOR CENTRE POINT
G.S. ROAD
ULUBARI OPPOSITE BORA SERVICE STATION GUWAHATI
ASSAM
INSURER OF AS-17-B/1090 SAVARI
3:RITA CHOUDHURY
W/O LATE MANIK CHOUDHURY
R/O VILL. CHOTOGUMA
POLICE STATION-GOLAKGANJ
ASSAM.
4:GURJANT SINGH
S/O LATE GURNAM SINGH OF 137/A G.T. ROAD
MANIKTALA
SERAMPOER
HOOGHLY
Page No.# 2/7
WEST BENGAL
OWNER OF VEHICLE NO. WB 15A-1381
6:RAMANI KANATA ROY
S/O LATE MANIK CH. ROY
R/O VILL. AGOMONY
POST OFFICE-AGOMONY
P.S. GOLAKGANJ
DIST. DHURI
ASSAM DRIVER OF VEHICLE NO. AS-17B/1090 SAVAR
Advocate for the Petitioner : MR.B BARMAN, MR.K BHATTACHARJEE,MS M
BHATTACHARYA
Advocate for the Respondent : MR.U HAZARIKA, MR. H S BORAH(R-1,2),MR. P HAZARIKA
(R-1,2),MR A TEWARI
Linked Case : MACApp./75/2016
YOUSUF ALI
S/O MOHABAT ALI
VILL. MADHUSOULMAR
P.O. and P.S. GAURIPUR
ASSAM.
VERSUS
BAJAJ ALLIANZ GENERAL INSURANCE CO LTD and 8 ORS
REPRESENTED BY ITS BRANCH MANAGER 2B 2ND FLOOR CENTRE POINT
G.S .ROAD
ULUBARI OPPOSITE BORA SERVICE STATION GUWAHATI
ASSAM POLICY NO. OG-11-9995-1812-0000 4465 OF VEHICLE NO. WB-15A- 1381 TRUCK
2:NAMITA ADHIKARY
W/O LATE ATUL ADHIKARY
3:BISHNU ADHIKARY
S/O LATE ATUL ADHIKARY
4:PRIYANKA ADHIKARY
Page No.# 3/7
5:BINDESWAR ADHIKARY
4 AND 5 ARE THE DAUGHTER OF LATE ATUL ADHIKARY AND
RESPONDENT NO. 2 TO 5 ARE THE R/O VILL. and P.O. RASHIKBILL
P.S. BOXIRHAT
DIST. COCHBEHAR
W.B.
6:GURJANT SINGH
S/O LATE GURNAM SINGH OF 137/A G.T. ROAD
MANIKTALA
SERAMPORE
HOOGHLY
WEST BENGAL
8:RAMANI KANATA ROY
S/O LATE MANIK CH. ROY
R/O VILL. AGOMONY
P.O. AGOMONY
P.S. GOLAKGANJ
ASSAM DRIVER OF VEHICLE NO. AS-17B/1090 SAVARI
9:NARAYAN ADHIKARY
S/O LATE ATUL ADHIKARY
R/O VILL. and P.O. RASIKBILL
P.S. BOXIRHAT
DIST. COCHBEHAR
W.B.
------------
Advocate for : MS.M BHATTACHARJEE
Advocate for : MR A TEWARIR-6 appearing for BAJAJ ALLIANZ GENERAL
INSURANCE CO LTD and 8 ORS
Linked Case : MACApp./102/2016
YOUSUF ALI
S/O MOHABAT ALI
VILL. MADHUSOULMAR
P.O. and P.S. GAURIPUR
DIST- DHURBI
Page No.# 4/7
ASSAM
VERSUS
BAJAJ ALLIANZ GENERAL INSURANCE CO LTD and 5 ORS
REP. BY ITS MANAGER
2B 2ND FLOOR CENTRE POINT
G.S. ROAD
ULUBARI
OPP. BORA SERVICE STATION
GUWAHATI
ASSAM
INSURER OF AS 17-B/1090
SAVARI
2:GOPAL CH. MONDAL @ GOPAL MANDAL
S/O LT. SURESH CH. MONDAL FATHER OF DECEASED
3:SANTI MONDAL
W/O GOPAL CH. MONDAL MOTHER OF THE DECEASED RESPONDENT NO. 2
AND 3 BOTH ARE THE R/O WARD NO. 16
D.K. ROAD
DHUBRI
P.S. and DIST. DHUBRI
ASSAM.
4:GURJANT SINGH
S/O LATE GURNAM SINGH OF 137/A
G.T. ROAD
MANIKTALA
SERAMPORE HOOGHLY
WEST BENGAL OWNER OF THE VEHICLE NO. WB 15A-1381
6:RAMANI KANATA ROY
S/O LATE MANIK CH. ROY
R/O VILL. AGOMONY
P.O. GOMONY
P.S. GOLAKGANJ
ASSAM DRIVER OF VEHICLE NO. AS-17B/1090 SAVARI
------------
Advocate for : MS.M BHATTACHARJEE
Advocate for : MR. P HAZARIKA (R-1) appearing for BAJAJ ALLIANZ GENERAL
INSURANCE CO LTD and 5 ORS
Page No.# 5/7
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 18.06.2026 Heard Mr. K. Bhattacharjee, learned counsel appearing for the appellant/owner of the vehicle. Also heard Mr. P. Hazarika, learned counsel appearing for the respondent Nos. 1 and 2 (Insurance Company) and Mr. A. Tewari, learned counsel appearing for the respondent.
2. By way of these appeals filed under Section 173 of the Motor Vehicles Act, 1988, the appellant has assailed the Judgment and Award dated 30.01.2015 passed by the learned Member, Motor Accident Claims Tribunal, Dhubri, whereby the learned Tribunal, while allowing the claim petitions, awarded compensation of Rs. 4,56,800/- in MAC Case No. 23/2012, Rs. 5,11,400/- in MAC Case No. 172/2012 and Rs. 3,44,000/- in MAC Case No. 217/2011.
3. The learned Tribunal, upon appreciation of the materials available on record, held that the offending truck was duly insured and that there was no violation of the terms and conditions of the insurance policy. Accordingly, it directed the insurer of the truck to indemnify the liability of the owner and to bear 50% of the awarded compensation.
4. Insofar as the Savari vehicle is concerned, the learned Tribunal found that although the vehicle was covered by a valid and effective insurance policy, there had been breach of the terms and conditions of the policy. Consequently, the insurer of the Savari vehicle was directed to satisfy the remaining 50% of the awarded amount with liberty to recover the same, together with accrued interest, from the owner of the Savari vehicle, namely, the present appellant.
5. Aggrieved by the aforesaid direction conferring upon the insurer the right to recover the amount from the owner of the Savari vehicle, the appellant has preferred the present appeals.
6. Today, when the matters are taken up for consideration, Mr. P. Hazarika, learned counsel appearing for respondent Nos. 1 and 2, namely, the insurer of the Savari vehicle, fairly submits that the entire awarded amount, as directed under the impugned Judgment and Award, has already been paid to the claimants.
7. Learned counsel further submits, upon instructions, that the Insurance Company has examined the records and has found that there was, in fact, no breach of the terms and conditions of the insurance policy on the part of the owner of the Savari vehicle. In view thereof, notwithstanding the liberty granted by the learned Tribunal under the impugned Judgment and Award, the Insurance Company does not propose to initiate any recovery proceedings against the appellant-owner for recovery of the amount paid towards satisfaction of the award.
8. The statement made by the learned counsel for respondent Nos. 1 and 2 is taken on record.
9. In view of the aforesaid submission and inasmuch as the entire awarded amount has already been paid to the claimants and the insurer itself has categorically stated that it shall not seek recovery of any part of the compensation amount from the appellant, the grievance raised in the present appeals no longer survives for adjudication.
10. Accordingly, the appeals stand disposed of in terms of the statement made on behalf of respondent Nos. 1 and 2. It is clarified that no recovery proceedings shall be initiated against the appellant pursuant to the liberty granted under the impugned Judgment and Award dated 30.01.2015 passed by the learned Member, Motor Accident Claims Tribunal, Dhubri in MAC Case No. 23/2012, MAC Case No. 172/2012 and MAC Case No. 217/2011.
11. The pending interlocutory applications, if any, shall also stand closed.
12. Send back the TCR.
13. No order as to costs. JUDGE Comparing Assistant