M/S Bajaj Allianz General ... vs Md Habibur Rahman
2021 Latest Caselaw 584 Gua

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GAHC010008032018




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

                          Case No. : I.A.(Civil)/480/2018


         M/S BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT GE PLAZA
         AIRPORT ROAD
         YERWADA
         PUNE-411006 AND A BRANCH OFFICE AT B. BAROOAH ROAD
         ULUBARI
         GUWAHATI.


          VERSUS

         MD HABIBUR RAHMAN
         R/O VILL. JAGADISHPUR
         P.O. JAGADISHPUR
         P.S. KATIGORAH
         DIST. CACHAR
         ASSAM.

         2:MD. MUJIBUR RAHMAN
         R/O VILL. JAGADISHPUR
          PRT-V
          P.O. KATIGORAH
          DIST. CACHAR
         ASSAM.
          3:MD. MASUK AHMED BARBHUYA
         R/O VILL. LATHIMARA
          P.O. KATIGORAH
          DIST. CACHAR
         ASSAM.
          ------------
         Advocate for : MR. K K BHATTA
         Advocate for : appearing for MD HABIBUR RAHMAN
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                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : 19.02.2021

Heard Mr. K.K. Bhatta, learned counsel for the applicant and Mr. M. Talukdar, learned counsel for the opposite party no.1.

This is an application for stay of operation and execution of the impugned judgment and award dated 20.07.2017, passed by the learned Member, MACT, Cachar, Silchar in MAC Case No. 1975/2009.

The learned counsel for the applicant submits that in this case the applicant has been able to prove that the offending vehicle involved in the accident did not have a valid insurance policy and the said contention had also seen accepted by the learned Tribunal and, as such, direction was issued to the applicant to satisfy the award and to recover the amount from the owner of the vehicle. The learned counsel for the applicant has referred to the amended provisions under Chapter-X of the Motor Vehicles Act and it is submitted that the entitlement to pay and recover under the statute as available earlier is no longer available after the Motor Vehicles Act, 1988 was amended by Act 32 of 2019 w.e.f. 01.09.2019. Accordingly, it is submitted that the remedy of recovery under the Motor Vehicles Act is no longer available to the applicant.

The said plea of the applicant is required to be examined. Accordingly, let a notice returnable in 6(six) weeks be issued.

The applicant shall take steps for service of notice on opposite party nos. 2 and 3 by registered post with A/D as well as by usual process within 2 days.

As the connected appeal has been admitted for hearing, this Court is inclined to stay the operation and execution of the impugned judgment and award dated 20.07.2017, passed by the learned Member, MACT, Cachar, Silchar in MAC Case No. 1975/2009, subject to condition that the applicant shall deposit 50% of the awarded sum before the Registry of this Court within a period of 6(six) weeks from today. It is made clear that if the said deposit is Page No.# 3/3

not made within the time allowed, this order shall not be a bar for enforcement of the award. However, it is provided that the Registry shall not disburse the said amount to the opposite party no.1, awaiting further orders of the Court.

List after 6(six) weeks.

JUDGE

Comparing Assistant