National Insurance Company Ltd vs Rukmini Thapa And 2 Ors
2021 Latest Caselaw 369 Gua

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GAHC010011022021




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




          I.A.(Civil)/186/2021

         NATIONAL INSURANCE COMPANY LTD.
         REGISTERED HEAD OFFICE AT 3 MIDDLETON STREET
         CALCUTTA- 700071
         REP. BY THE MANAGER
         GAUHATI REGIONAL OFFICE
         BHANGAGARH
         GUWAHATI- 781005
         KAMRUP(M)
         ASSAM.


          VERSUS

         RUKMINI THAPA AND 2 ORS.
         W/O- LATE BISHNU THAPA
         R/O- VILL.- GOLMAGAON
         P.O. AND P.S. UDALGURI
         DIST.- BAKSA
         ASSAM
         PIN- 784509.

         2:RANABIR BASUMATARY
         S/O- HAREN CH. BASUMATARY
          C/O- LOKEFH SARMA
          BIMAL AUTO AGENCY
          OPPOSITE ADABARI BUS STAND
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            P.O. JALUKBARI
            DIST.- KAMRUP(M)
            ASSAM
            PIN- 781014.
            3:RAJU BORO
            S/O- RANJIT BORO
            R/O- VILL.- KUMRIKATA
            P.O. KUMARIKATA
            P.S. TAMULPUR
            DIST.- BAKSA
            ASSAM
            PIN- 781360
            ------------
            Advocate for : MS. R D MOZUMDAR
            Advocate for : appearing for RUKMINI THAPA AND 2 ORS.



                                      BEFORE
                      HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : --04.02.2021

Heard Ms. R.D. Mozumdar, learned counsel for the applicant.

Issue usual notice on the respondents returnable in 6 (six) weeks.

The applicant shall take steps for service of notice upon the respondents by registered post A/D as well as by usual process within a period of 2 (two) days.

The learned counsel for the applicant submits that as per the said award, the driver of the offending vehicle did not have a valid licence, which was accepted by the learned Tribunal, yet the applicant was directed to satisfy the award and to recover it from the owner and driver of the offending vehicle. In this connection the learned counsel for the applicant has submitted that amendment has been carried out in the Motor Vehicles Act, 1988 which came into effect on and from 01.09.2019. It is submitted that prior to amendment, by virtue of the provisions to Section 149 (4) of the said Act, it was permissible for the insurer to satisfy the award and to recover a sum from the insured on discharge of liability. However, it is submitted that the said provision was deleted by way of amendment and the duty of the Page No.# 3/3

insurer to satisfy the judgment and award is now contained in Section 150 of the Motor Vehicles Act where the power to recover the amount paid towards satisfaction of the award is no longer available. It is submitted that by virtue of the provisions of Section 150 of the Motor Vehicles Act, there is no duty cast on the insurer to pay the award in respect of the liability which did not fall upon them, or for which they are not liable.

In view of the aforesaid submissions, as the connected appeal has been admitted for hearing, the Court is inclined to stay the operation of the judgment and award dated 15.02.2020 passed by the learned Member, MACT No. 2, Kamrup (M), Guwahati in MAC Case No. 2565 of 2014.

List the matter after 6 (six) weeks.

JUDGE

Comparing Assistant