National Insurance Appeal Remanded by Gauhati HC

Authority: Gauhati High Court (Hon’ble Mrs. Justice Yarenjungla Longkumer)

Order Date: 22 September 2026

Parties: National Insurance Company Limited (appellant) vs. Tamser Ali Mondal, Amina Khatun (minor represented by father), Sajahan Ali (owner), Rupsan Ali Sheikh (insured) – respondents.
Appeal filed under Section 173 of the Motor Vehicle Act, 1988 against the MACT No.3, Kamrup, Guwahati judgment dated 20 May 2019 (MACT Case No. 1330/2016).
Appellant contended that the claimants are not third parties, the deceased’s age was incorrectly recorded as 35 years leading to an erroneous multiplier of 16, and the personal‑expense deduction should be 50% rather than one‑third.
Respondents admitted that the deceased’s age was not proved before the Tribunal and jointly prayed for remand to adduce evidence on the age and policy conditions.

The High Court remands the matter to MACT No.3, Kamrup, Guwahati.
The Tribunal is directed to allow both parties to adduce evidence regarding the deceased’s age and the applicable policy conditions, to consider all grounds raised by the appellant, and to award just and fair compensation if eligibility is established.
The Tribunal must endeavour to dispose of the case within six months from the date of the parties’ appearance.
Parties are ordered to appear before the Tribunal on 5 November 2026.
The Registry is instructed to return the TCR expeditiously.
With these directions, the matter stands disposed of.

Topics: Motor Accident Compensation, Insurance Litigation, Court Remand