Gauhati High Court
Raju Ahmed Laskar vs Cholamandalam M S General ... on 28 April, 2021
Page No. 1/5
GAHC010075722021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1001/2021
RAJU AHMED LASKAR
S/O LATE MAHMMAD ALI LASKAR, R/O VILL. SAIDPUR PT-I, P.O.
SAIDPUR, PT-II, P.S. SILCHAR, DIST. CACHAR, ASSAM.
VERSUS
CHOLAMANDALAM M S GENERAL INSURANCE CO. LTD. AND 4 ORS
- HAVING ITS REGISTERED OFFICE AT SHAW WALLACE BUILDING NO.
154, 2ND FLOOR, THAMBU CHETTY STREET, CHENNAI 600001 AND NORTH
EAST STATE OFFICE AT ASTHA PLAZA 4TH FLOOR, OPPOSITE TO DEORAH
COLLEGE, BORA SERVICE, ULUBARI, G.S. ROAD, GUWAHATI 781005
2:BIKASH HARLALKA
S/O SRI BINOD KUMAR HARLALKA
C/O HEM KANTA MUDOI
AZARA
NEAR GUWAHATI AIR PORT
P.O. AND P.S. AZARA
DIST. KAMRUP (M)
ASSAM.
3:MD. NOOR AHMED
S/O MD. AKLAS UDDIN
R/O VILL. SALUACHARRA
P.O. LILA CHILA
DIST. KARIMGANJ
ASSAM.
4:MD. SAMS UDDIN LASKAR
S/O LATE RAHOMAT ALI LASKAR
R/O VILL. NAGDIGRAM
PT-IV
P.S. SONAI
DIST. CACHAR
ASSAM.
Page No. 2/5
5:THE NATIONAL INSURANCE CO. LTD.
CLUB ROAD
CAPITAL TRAVELS BUILDING
P.O. SILCHAR-1
DIST. CACHAR
ASSAM
Advocate for the Petitioner : MR. M TALUKDAR
Advocate for the Respondent : MR. K K BHATTA
Linked Case : MACApp./280/2020
CHOLAMANDALAM M S GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT SHAW WALLACE BUILDING NO. 154
2ND FLOOR
THAMBU CHETTY STREET
CHENNAI 600001 AND NORTH EAST STATE OFFICE AT ASTHA PLAZA 4TH
FLOOR
OPPOSITE TO DEORAH COLLEGE
BORA SERVICE
ULUBARI
G.S. ROAD
GUWAHATI 781005
VERSUS
MD. RAJU AHMED LASKAR AND 4 ORS.
S/O LATE MAHAMMAD ALI LASKAR
R/O VILL. SAIDPUR PT-I
P.O. SAIDPUR PT-II
P.S. SILCHAR
DIST. CACHAR
ASSAM.
2:BIKASH HARLALKA
S/O SRI BINOD KUMAR HARLALKA
C/O HEM KANTA MUDOI
AZARA
NEAR GUWAHATI AIR PORT
P.O. AND P.S. AZARA
DIST. KAMRUP (M)
ASSAM.
3:MD. NOOR AHMED
S/O MD. AKLAS UDDIN
R/O VILL. SALUACHARRA
Page No. 3/5
P.O. LILA CHILA
DIST. KARIMGANJ
ASSAM.
4:MD. SAMS UDDIN LASKAR
S/O LATE RAHOMAT ALI LASKAR
R/O VILL. NAGDIGRAM
PT-IV
P.S. SONAI
DIST. CACHAR
ASSAM.
5:THE NATIONAL INSURANCE CO. LTD.
CLUB ROAD
CAPITAL TRAVELS BUILDING
P.O. SILCHAR-1
DIST. CACHAR
ASSAM.
Advocate for : MR. K K BHATTA
Advocate for : MR G S BORO appearing for MD. RAJU AHMED LASKAR AND 4
ORS.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 28-04-2021
The claimant, Md. Raju Ahmed Laskar instituted a claim application under Section 166
of the Motor Vehicles Act, 1988 ('the MV Act', for short) before the learned Motor Accident
Claims Tribunal, Cachar at Silchar ('the Tribunal', for short) seeking compensation for the
injuries sustained by him in a motor vehicular accident that occurred on 21.07.2015. In the
claim application, it was alleged that when the claimant was driving a truck bearing
registration no. AS-11/BC-2786, it was hit by another truck bearing registration no. AS-01/GC-
0466 coming from the opposite direction.
2. The said application was registered and numbered as MAC Case no. 1551/2015. In the
said claim application, the insurer of the truck bearing registration no. AS-01/GC-0466 i.e.
Cholamandalam M S General Insurance Co. Ltd. was impleaded as the opposite party no. 3
and the insurer of the truck bearing registration no. AS-11/BC-2786 i.e. National Insurance
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Co. Ltd. was impleaded as the opposite party no. 5.
3. The learned Tribunal by its judgment and award dated 21.03.2020 while allowing the
claim application, had awarded an amount of Rs. 5,22,557/- as compensation with interest @
7% per annum from the date of filling of the claim application i.e. 29.10.2015 till realisation
and directed the opposite party no. 3 therein i.e. Cholamandalam M S General Insurance Co.
Ltd. to deposit the said amount of compensation within 30 days from the date of the said
judgment and award.
4. The opposite party no. 3 in MAC Case no. 1551/2015 i.e. Cholamandalam M S General
Insurance Co. Ltd. as the appellant (hereinafter referred to as "the opposite party no.1-
appellant", for easy reference) has preferred the connected appeal, MAC Appeal no. 280/2020
under Section 173 of the MV Act wherein the claimant (hereinafter referred to as "the
applicant-respondent no. 1", for easy reference) has been impleaded as respondent no. 1 and
the insurer of the truck bearing registration no. AS-11/BC-2786 (hereinafter referred to as
"the opposite party no. 5-respondent no. 5", for easy reference) has been impleaded as the
respondent no. 5.
5. While preferring the appeal, MAC Appeal no. 280/2020, the opposite party no.1-
appellant had also preferred an interlocutory application, I.A.(Civil) no. 2101/2020 praying for
stay of operation of the judgment and award dated 21.03.2020 passed by the learned
Tribunal in MAC Case no. 1551/2015. The said interlocutory application, I.A.(Civil) no.
2101/2020 was disposed of 11.12.2020 by directing that the operation of the judgment and
award dated 21.03.2020 shall remain stayed subject to deposit of 50% of the total awarded
amount in the Registry of the Court within a period of four weeks from 11.12.2020.
6. The connected appeal, MAC Appeal no. 280/2020 has already been admitted on
11.12.2020. It is stated that pursuant to the order dated 11.12.2020 passed in I.A.(Civil) no.
2101/2020, the opposite party no. 1-appellant has deposited an amount of Rs. 3,55,833/-
before the Registry of this Court on 11.01.2020.
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7. The interlocutory application, I.A.(Civil) no. 1001/2021 has been preferred by the
applicant-respondent no. 1 to allow him to withdraw the said amount of Rs. 3,55,833/-
deposited by the opposite party no.1-appellant.
8. Heard Mr. M. Talukdar, learned counsel for the applicant-respondent no. 1; Ms. R. Devi,
learned counsel for the opposite party no.1-appellant and Mr. A.J. Saikia, learned counsel for
the opposite party no. 5-respondent no. 5.
9. Mr. Talukdar has submitted that the applicant-respondent no. 1 is going through
financial problems in view of the present prevailing situation due to Covid-19 pandemic and,
as such, a direction be made to allow him to withdraw the amount of Rs. 3,55,833/-.
10. I have gone through the averments made in the application and heard the submissions
of the learned counsel for the parties. Mr. R. Devi has submitted that the connected appeal,
MAC Appeal no. 280/2020 has been preferred challenging the quantum of compensation. She
has, however, submitted that at this stage, the opposite party no.1-appellant has no objection
if an order is passed by allowing the applicant-respondent no. 1 to withdraw the said amount
of Rs. 3,55,833/- deposited by them.
11. In view of the ground urged on behalf of the applicant-respondent no. 1 to which no
objection has been expressed by the learned counsel for the opposite party no. 1-appellant, it
is directed that the amount of Rs. 3,55,833/-, deposited by the opposite party no.1-appellant
with the Registry, be released in favour of the applicant-respondent no. 1 upon his due
identification by the learned engaged counsel, Mr. M. Talukdar.
12. The interlocutory application stands disposed of in the aforesaid terms.
JUDGE
Comparing Assistant
