United India Insurance Company ... vs Debajit Nath And Anr
2021 Latest Caselaw 286 Gua

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GAHC010002182021




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

                                  Case No. : MACApp./7/2021

            UNITED INDIA INSURANCE COMPANY LIMITED
            HAVING ITS HEAD OFFICE AT 24, WHITES ROAD, CHENNAI AND REP. BY
            ITS REGIONAL OFFICE AT G.S. ROAD, GUWAHATI-5, ASSAM



            VERSUS

            DEBAJIT NATH AND ANR
            S/O- SRI BIJOY CH. NATH, REP. BY SMT. PRAFULLA NATH, W/O- SRI BIJOY
            CH. NATH, VILL.- BATORHAT (MASTER PARA), NEAR RELIANCE PETROL
            PUMP, P.S. PALASHBARI, DIST.- KAMRUP, ASSAM.

            2:SARBESWAR NATH
             S/O- LATE BRAJA MOHAN NATH
             R/O- VILL.- DAHALI
             MASTER PARA
             P.S. PALASHBARI
             DIST.- KAMRUP
            ASSAM

Advocate for the Petitioner   : MR. S HAZARIKA

Advocate for the Respondent :




             Linked Case : I.A.(Civil)/100/2021

            UNITED INDIA INSURANCE COMPANY LIMITED
            HAVING ITS HEAD OFFICE AT 24
            WHITES ROAD
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            CHENNAI AND REP. BY ITS REGIONAL OFFICE AT G.S. ROAD
            GUWAHATI-5
            ASSAM


            VERSUS

            DEBAJIT NATH AND ANR
            S/O- SRI BIJOY CH. NATH
            REP. BY SMT. PRAFULLA NATH
            W/O- SRI BIJOY CH. NATH
            VILL.- BATORHAT (MASTER PARA)
            NEAR RELIANCE PETROL PUMP
            P.S. PALASHBARI
            DIST.- KAMRUP
            ASSAM.

            2:SARBESWAR NATH
            S/O- LATE BRAJA MOHAN NATH
             R/O- VILL.- DAHALI
             MASTER PARA
             P.S. PALASHBARI
             DIST.- KAMRUP
            ASSAM.
             ------------
            Advocate for : MR. S HAZARIKA
            Advocate for : appearing for DEBAJIT NATH AND ANR



                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                             ORDER

29.01.2021

Heard Mr. B.J. Mukherjee, learned counsel for the appellant.

Issue notice returnable in 6(six) weeks.

The applicant shall take steps for service of notice on the opposite parties by registered post with A/D as well as by usual process within 2(two) days.

In view of the projection made by the learned counsel for the applicant that the claimant had Page No.# 3/3

projected himself to be a pillion rider but evidence was tendered to show that the claimant himself was driving the vehicle and was not a pillion rider but such evidence was discarded by the learned Tribunal.

As the connected appeal has been admitted for hearing this Court is inclined to stay the operation of the impugned judgment and award dated 06.01.2020 passed by the learned Member, MACT No.2, Kamrup (M), Guwahati in MAC Case No.2379/2017, 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 provided that the Registry shall not release the deposited money to the claimant without an order of this Court.

List the matter after 6(six) weeks.

JUDGE

Comparing Assistant