Gauhati High Court
Oriental Insurance Co. Ltd vs Rahmat Ali And 8 Ors on 3 January, 2024
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/6
GAHC010177532018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./816/2018
ORIENTAL INSURANCE CO. LTD
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27, ASAF ALI
ROAD, NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI07,
ASSAM REPRESENTED BY THE REGIONAL MANAGER
VERSUS
RAHMAT ALI AND 8 ORS
S/O LATE HAJARAT ALI
VILL DUMARDAHA PART IV
PO BAJAJAN, PS GAURIPUR, DIST DHUBRI, ASSAM
783331
2:NATIONAL S H G
REPRESENTED BY ABDUL JOBBAR
S/O ANOWAR HUSSAIN
VILLAGE MATIABOG
PO AND PS GAURIPUR
DIST DHUBRI
ASSAM
783331
OWNER OF THE OFFENDING VEHICLE NO AS-17/B/0320
3:PRAFULLA KR. RAY
S/O LATE SARPA ROY
VILLAGE SOUTH TOKRERCHARA PART-I
PO AND PS
GOLAKGANJ
DIST DHUBRI
ASSAM
783334
DRIVER OF TRACTOR NO AS-14/B-0320
Page No.# 2/6
4:NEW INDIA ASSURANCE CO LTD
BONGAIGAON DIVISION
INSURER OF THE TRACTOR NO AS-17 B/0320
783334
5:SUKH GREET SINGH
S/O DARSAN SINGH
VILLAGE P B KALOUR
PS AND DIST BAGRI FATHGAON
PUNJAB
143105
OWNER OF THE OFFENDING TRUCKNO PB-23-F/9777
6:PURAN SINGH
S/O JARNALI SINGH
R/O BELTOLA
GUWAHATI 29
ASSAM
DRIVER OF THE TRUCK NO PB-23-F/9777
7:SAHANA YASMIN
W/O SHAHAJAHAN ISLAM
R/O WARD NO 4
GAURIPUR
PO AND PS GAURIPUR
DIST DHUBRI
ASSAM
783331
OWNER OF THE INDICA CAR NO AS-01-X/5293
8:SHAHAJAHAN ISLAM
S/O LATE S ALI
R/O WARD NO 4
GAURIPUR
PO AND PS GAURIPUR
DIST DHUBRI
ASSAM
783331
DRIVER OF THE INDICA CAR NO AS-01-X/5293
9:NATIONAL INSURANCE CO LTD.
REPRESENTED BY DHUBRI BRANCH
INSURER OF THE INDICA CAR NO AS-01-X-529
Advocate for the Petitioner : MR S DUTTA
Page No.# 3/6
Advocate for the Respondent : MR. A R AGARWALA
Linked Case : I.A.(Civil)/3254/2018
ORIENTAL INSURANCE CO. LTD
HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27
ASAF ALI ROAD
NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI07
ASSAM REPRESENTED BY THE REGIONAL MANAGER
VERSUS
RAHMAT ALI AND 8 ORS
S/O LATE HAJARAT ALI VILL DUMARDAHA PART IV PO BAJAJAN
PS GAURIPUR
DIST DHUBRI
ASSAM 783331
2:NATIONAL S H G
REPRESENTED BY ABDUL JOBBAR
S/O ANOWAR HUSSAIN
VILLAGE MATIABOG
PO AND PS GAURIPUR
DIST DHUBRI
ASSAM
783331
OWNER OF THE OFFENDING VEHICLE NO AS-17/B/0320
3:PRAFULLA KR. RAY
S/O LATE SARPA ROY
VILLAGE SOUTH TOKRERCHARA PART-I
PO AND PS
GOLAKGANJ
DIST DHUBRI
ASSAM
783334
DRIVER OF TRACTOR NO AS-14/B-0320
4:NEW INDIA ASSURANCE CO LTD
BONGAIGAON DIVISION
INSURER OF THE TRACTOR NO AS-17 B/0320
783334
5:SUKH GREET SINGH
S/O DARSAN SINGH
Page No.# 4/6
VILLAGE P B KALOUR
PS AND DIST BAGRI FATHGAON
PUNJAB
143105
OWNER OF THE OFFENDING TRUCKNO PB-23-F/9777
6:PURAN SINGH
S/O JARNALI SINGH
R/O BELTOLA
GUWAHATI 29
ASSAM
DRIVER OF THE TRUCK NO PB-23-F/9777
7:SAHANA YASMIN
W/O SHAHAJAHAN ISLAM
R/O WARD NO 4
GAURIPUR
PO AND PS GAURIPUR
DIST DHUBRI
ASSAM
783331
OWNER OF THE INDICA CAR NO AS-01-X/5293
8:SHAHAJAHAN ISLAM
S/O LATE S ALI
R/O WARD NO 4
GAURIPUR
PO AND PS GAURIPUR
DIST DHUBRI
ASSAM
783331
DRIVER OF THE INDICA CAR NO AS-01-X/5293
9:NATIONAL INSURANCE CO LTD.
REPRESENTED BY DHUBRI BRANCH
INSURER OF THE INDICA CAR NO AS-01-X-5293
------------
Advocate for : MR S DUTTA
Advocate for : appearing for RAHMAT ALI AND 8 ORS
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
03.01.2024 Page No.# 5/6 Heard Ms. M. Choudhury, learned counsel for the applicant as well as Mr. AR Agarwala, learned counsel for the opposite party no.1.
2. Issue notice on this application returnable on 19.02.2024.
3. The limited extent of challenge in the connected appeal is reflected in the order passed today in the said MAC App.816/2018, which is not reiterated herein.
4. Having regard to the nature of grievance raised by the applicant, the Court is inclined to stay the operation of the impugned judgment and award dated 03.10.2017 passed by the learned Member, MACT, Dhubri in MAC case no.211/2014 subject to deposit of 50% of the awarded sum with interest thereon before the Registry of this Court within a period of 6(six) weeks from today.
5. The learned counsel for the opposite party no.1 is permitted to renew the prayer for release of the money to the opposite party no.1- claimant on the next date of listing.
6. It is also made clear that the only issue between the applicant and the opposite party no.4 is the apportionment of the award. Therefore, Mr. AJ Saikia, learned counsel for the opposite party no.4 who is present in Court today is asked to obtain instructions on the next date as to whether the opposite party no.4 would be ready and willing to deposit 50% of their share of the awarded sum before the Registry of this Court.
Page No.# 6/6
7. Mr. AJ Saikia, learned counsel, who has been asked to obtain instructions is permitted to send a downloaded copy of the order to the opposite party no.4 to bring the order to the notice of the said authorities.
8. List the matter on 19.02.2024.
JUDGE Comparing Assistant