Gauhati High Court
Page No.# 1/8 vs Chola Ms General Insurance Co Ltd And 4 … on 11 March, 2026
Page No.# 1/8
GAHC010237402025
2026:GAU-AS:3551
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/473/2025
ELIZA PERVIN
WIFE OF LATE AMINUL ISLAM, VILLAGE- BALATARI, P.O- FAKIRGANJ,
DISTRICT- DHUBRI, ASSAM
VERSUS
CHOLA MS GENERAL INSURANCE CO LTD AND 4 ORS.
ASTHA PLAZA, G.S. ROAD, BORA SERVICE (OPP. S.B. DEORAH COLLEGE),
GUWAHATI- 781007, DIST- KAMRUP (M), ASSAM
2:FARUK ABDULLA
SON OF MABRAK ALI
VILLAGE- NO. 1 JOGIPARA PATHAR
P.O.- PACHIM SAMARIA
P.S.- BOKO
DISTRICT- KAMRUP
ASSAM
3:ARFAT ALI
SON OF NIZAM ALI
VILLAGE- BAGHORGAON
P.O. AND P.S.- BOKO
DISTRICT- KAMRUP
ASSAM
4:NAJEM ALI
SON OF SIDDIK AKAND
VILLAGE- BALATARI
P.S- FAKIRGANJ
DISTRICT- DHUBRI
ASSAM
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5:FATEMA KHATUN
WIFE OF NAJEM ALI
VILLAGE- BALATARI
P.S- FAKIRGANJ
DISTRICT- DHUBRI
ASSA
Advocate for the Petitioner : MR. A R AGARWALA, MR ADITYA AGARWALA,MD. K ALI
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
11.03.2026
Heard Mr. A. R. Agarwalla, learned counsel for the petitioner. None
appears for the respondent on call; even though, service upon them
stands completed in view of the order dated 10.02.2026.
2. In this petition, under Article 227 of the Constitution of India,
the petitioner has challenged the order, dated 09.10.2025, passed by
the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup
(M), Guwahati, in MAC Case No. 1597/2024.
3. It is to be noted here that vide impugned order, dated
09.10.2025, the learned Member, Motor Accident Claims Tribunal No. 3,
Kamrup (M), has held that the legal heirs, i.e., the wife and parents of
the deceased, had filed two separate claim petitions in two different
Tribunals for the same accident, and for consolidation of the claim and
to avoid multiple proceedings, the same are required to be tried in
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same Tribunal. Thereafter, the learned Tribunal has transferred the said
claim petition filed by the present petitioner, being MAC Case No.
1597/2024, to the learned Motor Accident Claims Tribunal, Dhubri.
4. Mr. Agarwalla, learned counsel for the petitioner submits that
the petitioner is the wife of Late Aminul Islam, who suffered demise in
a motor accident, that took place on 07.04.2024, at about 5:50 PM,
near Seponsila, under Chaygaon Police Station, in the district of
Kamrup. Thereafter, the petitioner herein has filed a claim petition,
being MAC Case No. 1597/2024, before the learned Member, Motor
Accident Claims Tribunal No. 3, Kamrup (M), on 03.07.2024. Upon the
said claim petition, the learned Tribunal has registered the MAC Case
No. 1597/2024, and issued notice to the respondents.
4.1. Mr. Agarwalla also submits that thereafter, the opposite party No.
1 of the said claim petition, namely, Chola MS General Insurance Co.
Ltd., i.e., the respondent No. 1 herein; and insurer of the offending
vehicle, had filed an application, being Petition No. 2930/2025, under
Section 168 of the MV Act, read with Section 151 of the CPC, for
dismissing the MAC Case No. 1597/2024; on the ground that another
MAC Case, being MAC Case No. 51/2024(D), is pending for the same
cause of action, relating to the accident, dated 07.04.2024, against the
same opposite parties, before the learned Member, Motor Accident
Claims Tribunal, Dhubri; and the case is fixed on 17.05.2024, for
evidence; and in the said case, notice was issued to the present
petitioner.
4.2 Mr. Agarwalla, also submits that the present petitioner is the
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wife of the deceased and though, she hails from Dhubri, yet, she has
been presently working in Guwahati and as such, she has filed the
claim petition on 03.07.2024, before the learned Member, Motor
Accident Claims Tribunal No. 3, Kamrup (M).
4.3 It is the further submission of Mr. Agarwalla that after filing of
the MAC Case No. 1597/2024, by the present petitioner, the parents of
the deceased, namely, Najem Ali and Fatima Khatun, also filed another
claim petition before the learned Member, Motor Accident Claims
Tribunal, Dhubri; upon which, MAC Case No. 51/2024(D) has been
registered and presently, the case is pending at the stage of evidence.
4.4 Mr. Agarwalla, further submits that after the death of the
husband of the petitioner, she was compelled to leave the matrimonial
home by the parents of her deceased husband and if she again visit
Dhubri, to pursue the MAC Case No. 51/2024(D), there, then she will
be killed by them. He also submits that since present petitioner has
filed the claim petition in Guwahati, prior to the claim petition filed by
the parents of her deceased husband at Dhubri; the second claim
petition filed before the Motor Accident Claims Tribunal, Dhubri, should
have been transferred to the Motor Accident Claims Tribunal No. 3,
Kamrup(M), Guwahati; so as to try the same with MAC Case No.
1597/2024, and in that view of the matter, Mr. Agarwalla submits that
the impugned order, dated 09.10.2025, is illegal and arbitrary and is
required to be interfered with.
5. Having heard the submissions of Mr. Agarwalla, learned
counsel for the petitioner, this Court has carefully gone through the
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petition and the documents placed on record and also gone through
the scanned copy of the records received from both the Tribunals,
which were called for and received.
6. From a perusal of the scanned copy of the records of both the
Tribunals, it appears that MAC Case No. 51/2024(D), was filed before
the learned Member, Motor Accident Claims Tribunal, Dhubri, on
09.08.2024; whereas, MAC Case No. 1597/2024, was filed on
03.07.2024 before the MACT, Kamrup, Guwahati; which is almost a
month prior to the claim petition filed before the learned Tribunal,
Dhubri; and further it appears that both the claim petitions have been
filed in connection with the same accident that took place on
07.04.2024, near Seponsila, under Chaygaon.
7. It further appears that the claimant in the MAC Case No.
51/2024(D), are the parents of the deceased and the claimant in MAC
Case No. 1597/2024, is the wife of the deceased, i.e., the present
petitioner. The parties involved and the subject matter of both the
claim petition are also the same. Even, Section 10 CPC also, in such
circumstances provides for staying of the subsequent suit.
8. It is to be noted here that while dealing with a claim petition
filed in two different States, the Hon’ble Supreme Court, in the case of
Gohar Mohammed Vs. Uttar Pradesh State Road Transport
Corporation and Others, reported in (2023) 4 SCC 381, especially
in paragraph No. 78.12; has held that
“78.12. In case the claimant(s) or legal
representative(s) of the deceased have filed
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separate claim petition(s) in the territorial
jurisdiction of different High Courts, in the said
situation, the first claim petition filed by the
claimant(s)/legal representative(s) shall be
maintained by the said Claims Tribunal and the
subsequent claim petition(s) shall stand
transferred to the Claims Tribunal where the first
claim petition was filed and pending. It is made
clear here that the claimant(s) are not required
to apply before this Court seeking transfer of
other claim petition(s) though filed in the
territorial jurisdiction of different High Courts.
The Registrars General of the High Courts shall
take appropriate steps and pass appropriate order
in this regard in furtherance to the directions of
this Court.”
9. In the instant case, even though the two claim petitions are
pending before the two Tribunals, both within the territorial limits of
jurisdiction of the this High Court, yet, in view of the observation and
direction issued in the case of Gohar Mohammed (Supra), as
discussed herein above, and to the effect that the first claim petition
filed by the claimants/legal representatives shall be maintained by the
said Claim Tribunal and the subsequent claim petition stands
transferred to the Claim Tribunal, where the first claim was filed and
pending; this Court is of the view that the claim petition, being MAC
Case No. 51/2024(D), being the subsequent petition, filed and pending
before the learned Member, Motor Accident Claims Tribunal, Dhubri,
ought to have been transferred to the learned Member, Motor Accident
Claims Tribunal No. 3, Kamrup (M), where the other claim petition,
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being MAC Case No. 1597/2024, and which is first in point of time, is
pending.
10. It also appears from the scanned copy of the record that the
claim petition filed before the learned Member, Motor Accident Claims
Tribunal No. 3, Kamrup (M), that the parents of the deceased, namely,
Najem Ali and Fatima Khatun, who are the claimant in MAC Case No.
51/2024(D), are being arrayed as respondent Nos. 4 & 5; and Mr.
Agarwalla, learned counsel for the petitioner submits that the
petitioner herein is ready to provide compensation to them, which they
are legally entitled to; if the claim petition is allowed.
11. Thus, having examined the impugned order, dated 09.10.2025,
passed by the learned Member, Motor Accident Claims Tribunal No. 3,
Kamrup (M), in the light of the observation and direction of Hon’ble
Supreme Court in Gohar Mohammed (Supra), especially in paragraph
No. 78.12; this Court is of the view that the same fails to withstand the
legal scrutiny; and accordingly, the same stands interfered with.
12. In view of the direction issued in the aforementioned case by
the Hon’ble Supreme Court, the learned Member, Motor Accident
Claims Tribunal, Dhubri, shall transfer the MAC Case No. 51/2024(D),
to the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup
(M), forthwith along with the MAC Case No. 1597/2024, if in the
meantime the same has been transferred and received by it. And on
receipt of the said claim petition by the learned Member, Motor
Accident Claims Tribunal No. 3, Kamrup (M), the learned Tribunal shall
issue notice to the concerned parties and thereafter, proceed to hear
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the same in accordance with law.
13. In terms of the above, this Criminal Revision Petition stands
disposed of.
JUDGE
Comparing Assistant
