Gauhati High Court
Hafijur Rahman vs The Regional Manager on 13 July, 2026
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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 : ,
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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
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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.
Sd/- Robin Phukan
JUDGE
Comparing Assistant
