Gauhati High Court

The Reliance General Insurance ... vs Smti Fulmoti Yadav And 4 Ors on 27 April, 2021

Page No. 1/8

GAHC010052802018

THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/861/2018

THE RELIANCE GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE, WALCHAND
HIRACHAND MARG, BALLARD ESTATE, MUMBAI 400001 AND
CORPORATE OFFICE AT 570 RECTIFIER HOUSE, NAGAUM CROSS, NEXT
TO ROYAL INDUSTRIAL ESTATE WADALA (W), MUMBAI 400031 AND ONE
OF THE BRANCH OFFICES AT ANIL PLAZA 5TH FLOOR G.S. ROAD,
BHANGAGARH, GUWAHATI 781005

VERSUS

SMTI FULMOTI YADAV AND 4 ORS,
R/O VILL. TIPUK BAZAR, P.O. AND P.S. DOOMDOOMA, DIST. TINSUKIA,
ASSAM, PIN 786151

2:SHRI RAMJI RAI YADAV
R/O VILL. TIPUK BAZAR
P.O. AND P.S. DOOMDOOMA
DIST. TINSUKIA
ASSAM
PIN 786151

3:SHRI BIJAY RAI YADAV
ALL ARE R/O VILL. TIPUK BAZAR
P.O. AND P.S. DOOMDOOMA
DIST. TINSUKIA
ASSAM
PIN 786151 (THE CLAIMANT / RESPONDENT NO. 1 BEING MOTHER AND
NATURAL GUARDIAN OF THE CLAIMANTS / RESPONDENTS 2 AND 3 WILL
REPRESENTED THEM

4:SHRI PRITAM SINGH
VILL. MEHAL KALA
BARNALA
DIST. SANGRUR
Page No. 2/8

PUNJAB
PIN 108101 (OWNER OF THE VEHICLE NO. NL-01/G-6865 (TRUCK)

5:SHRI RAVI KUMHAR
VILL. MASMOHMA
P.S. MARKACHO
DIST. KODERMA
JHARKHAND
PIN 82541

Advocate for the Petitioner : MR. A J SAIKIA

Advocate for the Respondent :

Linked Case : MACApp./172/2018

THE RELIANCE GENERAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE
WALCHAND HIRACHAND MARG
BALLARD ESTATE
MUMBAI 400001AND CORPORATE OFFICE AT 570 RECTIFIER HOUSE
NAGAUM CROSS
NEXT TO ROYAL INDUSTRIAL ESTATE
WADALA (W) MUMBAI 400031 AND ONE OF THE BRANCH OFFICES AT ANIL
PLAZA 5TH FLOOR G.S. ROAD
BHANGAGARH
GUWAHATI 781005

VERSUS

SMT FULMOTI YADAV AND 4 ORS
R/O VILL. TIPUK BAZAR
P.O. AND P.S. DOOMDOOMA
DIST. TINSUKIA
ASSAM
PIN 786151

2:SHRI RAMJI RAI YADAV
R/O VILL. TIPUK BAZAR
P.O. AND P.S. DOOMDOOMA
DIST. TINSUKIA
ASSAM
PIN 786151

3:SHRI BIJAY RAI YADAV
R/O VILL. TIPUK BAZAR
P.O. AND P.S. DOOMDOOMA
Page No. 3/8

DIST. TINSUKIA
ASSAM
PIN 786151 (THE CLAIMANT / RESPONDENT NO. 1 BEING MOTHER AND
NATURAL GUARDIAN OF THE CLAIMANTS / RESPONDENTS 2 AND 3

4:SHRI PRITAM SINGH
VILL. MEHAL KALA
BARNALA
DIST. SANGRUR
PUNJAB
PIN 108101 (OWNER OF THE VEHICLE NO. NL-01/G-6865 (TRUCK)

5:SHRI RAVI KUMHAR
VILL. MASMOHMA
P.S. MARKACHO
DIST. KODERMA
JHARKHAND
PIN 825410

Advocate for : MR. A J SAIKIA
Advocate for : MS. R R SARMAH BARUAH appearing for SMT FULMOTI YADAV
AND 4 ORS

Linked Case : I.A.(Civil)/831/2021

THE RELIANCE GENERAL INSURANCE COMPANY LTD.
HAVING ITS REGD. OFFICE AT 19
RELIANCE CENTRE
WALCHAND HIRACHAND MARG
BALLARD ESTATE
MUMBAI- 400001 AND CORPORATE OFFICE AT 570
RECTIFIER HOUSE
NAGAUM CROSS
NEXT TO ROYAL INDUSTRIAL ESTATE
WADALA (W) MUMBAI- 400031 AND ONE OF THE BRANCH OFFICES AT
PRAG PLAZA
5TH FLOOR
G.S. ROAD
BHANGAGARH
GHY- 5
DIST. KAMRUP (M)
ASSAM

VERSUS

FULMOTI YADAV AND 2 ORS.
W/O. LATE JOGINDER RAI YADAV
R/O. VILL. TIPUK BAZAR
Page No. 4/8

P.O. AND P.S. DOOMDOOMA
DIST. TINSUKIA
ASSAM
PIN- 786151

2:RAMJI RAI YADAV
S/O. LATE JOGINDER RAI YADAV
R/O. VILL. TIPUK BAZAR
P.O. AND P.S. DOOMDOOMA
DIST. TINSUKIA
ASSAM
PIN- 786151

3:BIJAY RAI YADAV
S/O. LATE JOGINDER RAI YADAV
R/O. VILL. TIPUK BAZAR
P.O. AND P.S. DOOMDOOMA
DIST. TINSUKIA
ASSAM
PIN- 786151

Advocate for : MR. A J SAIKIA
Advocate for : MR D MONDAL appearing for FULMOTI YADAV AND 2 ORS.

Linked Case : I.A.(Civil)/865/2018

VERSUS

FULMOTI YADAV
W/O. LT. JOGINDER RAI YADAV. R/O. VILL. TIPUK BAZAR
P.O. AND P.S. DOOMDOOMA
DIST. TINSUKIA
ASSAM
PIN-786151

2:SHRI RAMJI RAI YADAV
Page No. 5/8

R/O VILL. TIPUK BAZAR
P.O. AND P.S. DOOMDOOMA
DIST. TINSUKIA
ASSAM
PIN 786151

3:SHRI BIJAY RAI YADAV
R/O VILL. TIPUK BAZAR
P.O. AND P.S. DOOMDOOMA
DIST. TINSUKIA
ASSAM
PIN 786151 (THE CLAIMANT / RESPONDENT NO. 1 BEING MOTHER AND
NATURAL GUARDIAN OF THE CLAIMANTS / RESPONDENTS 2 AND 3

4:SHRI PRITAM SINGH
VILL. MEHAL KALA
BARNALA
DIST. SANGRUR
PUNJAB
PIN 108101 (OWNER OF THE VEHICLE NO. NL-01/G-6865 (TRUCK)

5:SHRI RAVI KUMHAR
VILL. MASMOHMA
P.S. MARKACHO
DIST. KODERMA
JHARKHAND
PIN 825410

Advocate for : MR. A J SAIKIA
Advocate for : appearing for FULMOTI YADAV

BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 27-04-2021

A claim application under Section 166 of the Motor Vehicles Act, 1988 ['the MV Act', for short] was instituted before the Motor Accident Claims Tribunal, No. 3, Kamrup (Metro), Guwahati ['the Tribunal', for short] by (1) Smt. Fulmoti Yadav, (2) Sri Ramji Rai Yadav, and (3) Sri Bijay Rai Yadav, as claimants [hereinafter referred to as 'joint applicant no. 2', 'joint applicant no. 3' and 'joint applicant no. 4' respectively, for easy reference] seeking compensation as the legal representatives of one Joginder Rai Yadav, who died in an motor Page No. 6/8

vehicular accident on 09.07.2013. The said application was registered and numbered as MAC Case no. 1574/2013. It was alleged therein that one truck bearing registration no. NL-01/G- 6865 ['the subject-vehicle', for short] was the offending vehicle. Apart from impleading the owner and the driver of the subject-vehicle as opposite parties, the insurer of the subject- vehicle i.e. the Reliance General Insurance Co. Ltd. [hereinafter referred to as joint applicant no. 1, for easy reference] was impleaded as opposite party no. 3 in MAC Case no. 1574/2013. The learned Tribunal by its judgment and order dated 26.09.2017 allowed the claim application, MAC Case no. 1574/2013 by awarding an amount of Rs. 3,50,000/- as compensation with interest @ 6% per annum from the date of amendment of the claim application. The insurer of the subject-vehicle was directed to release the awarded amount in favour of the claimant no. 1 therein i.e. the joint applicant no. 2 herein within a period of one month from the date of the said judgment and order dated 26.09.2017.

2. Aggrieved by the said judgment and order dated 26.09.2017, the insurer of the subject-vehicle i.e. the joint applicant no. 1 as the appellant, has preferred the connected appeal, MAC Appeal no. 172/2018 under Section 173, MV Act challenging the said judgment and order dated 26.09.2017 and in the appeal, the joint applicant nos. 2-4 have been impleaded as party-respondent nos. 1-3.

3. The interlocutory application, I.A.(Civil) no. 861/2018 has been preferred by the joint applicant no. 1 under the proviso to Section 173, MV Act r/w Section 5 of the Limitation Act, 1963 seeking condonation of delay of 45 days that had occurred in preferring the connected MAC Appeal no. 172/2018.

4. The interlocutory application, I.A.(Civil) no. 865/2018 has been preferred, along with MAC Appeal no. 172/2018, by the joint applicant no. 1 under Order 41 Rule 5 r/w Section 151 of the Code of Civil Procedure (CPC) seeking stay of operation of the judgment and order dated 26.09.2017 passed by the learned Tribunal in MAC Case no. 1574/2013.

5. Heard Mr. A.J. Saikia, learned counsel for the joint applicant no. 1 and Mr. D. Mondal, learned counsel for the joint applicant nos. 2-4.

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6. It has been submitted by the learned counsel for the joint applicants that the interlocutory application, I.A.(Civil) no. 831/2021 has been preferred by them jointly in view of amicable settlement arrived at between them and the terms and conditions of such amicable settlement have already been incorporated in a Deed of Agreement dated 23.03.2021, which has been duly notarized. A copy of the said Deed of Agreement has been annexed to the application as Annexure-A.

7. The learned counsel for the joint applicants have, in unison, appraised that the joint applicant no. 1 on one side and the joint applicant nos. 2-4 on the other side have decided to settle the matter mutually and accordingly, settled the matter at an amount of Rs. 4,00,000/- which amount will be paid by the joint applicant no. 1 to the joint applicant nos. 2-4 as full and final settlement of the matter. It has been further agreed between the parties that the said amount of Rs. 4,00,000/- will be deposited by the joint applicant no. 1 before the learned Tribunal within a period of 6 (six) weeks from the date of receipt of a certified copy of the order passed in this interlocutory application. It has also been agreed between the joint applicants that apart from the said amount of Rs. 4,00,000/-, the joint applicant nos. 2-4 will not be entitled to any interest on the said amount of Rs. 4,00,000/-. The statutory amount of Rs. 25,000/-, deposited by the joint applicant no. 1 at the time of filling the connected appeal, MAC Appeal no. 172/2018 would be received by the joint applicant no. 1 from the Registry.

8. I have considered the submissions of the learned counsel for the joint applicants and also perused the contents of the notarised Deed of Agreement dated 23.03.2021, annexed to this application as Annexure-A, whereby an amicable settlement stated to have been reached by the joint applicants, the gist of which have been mentioned briefly in paragraph 7 hereinabove.

9. In view of the above common submissions made by the learned counsel for the joint applicants that an amicable settlement has been arrived between them as per the terms and conditions incorporated in the notarised Deed of Agreement dated 23.03.2021 (supra) and as Page No. 8/8

mentioned in paragraph 7 hereinabove, this interlocutory application, I.A.(Civil) no. 831/2021 is disposed of by observing to the joint applicants are at liberty to proceed further in the matter as per the terms and conditions of the amicable settlement arrived at between them vide the notarised Deed of Agreement dated 23.03.2021 (supra) and as submitted by the learned counsel for the joint applicants above.

10. In view of the amicable settlement arrived at by the joint applicants, as noted above, there is no necessity for adjudication of the connected MAC Appeal no. 172/2018 as well as the connected interlocutory applications, i.e. I.A.(Civil) no. 861/2018 & I.A.(Civil) no. 865/2018 and the same stand accordingly disposed of in terms of the above.

JUDGE

Comparing Assistant