(Owner Of The Vehicle No. ... vs Nuran Nessa And Anr
2021 Latest Caselaw 1147 Gua

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GAHC010053682021




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

                                Case No. : MACApp./84/2021

            JAKIR HUSSAIN
            S/O LT. GULAM ALI, R/O VILLAGE JALUGURI, PS MURAJHAR, DIST.
            NAGAON, ASSAM

            (OWNER OF THE VEHICLE NO. AS-21/C-1353)



            VERSUS

            NURAN NESSA AND ANR.
            W/O LATE SAMSUDDIN, R/O SAMARALI BAZAR, PS MURAJHAR, DIST.
            NAGAON, ASSAM

            2:NEW INDIA ASSURANCE CO. LTD.
             REP. BY THE BRANCH MANAGER
             B. O. MORIGAON
             MORIGAON MICRO OFFICE/530709
             MAIN ROAD W/NO. 7
            (INSURER OF VEHICLE NO. AS-21/C-1353

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                         ORDER

Date : --24.03.2021

Heard Mr. S.K. Goswami, learned counsel appearing for the applicant.

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This Interlocutory Application has filed for staying of the operation and execution of the impugned judgment dated 20.10.2020, passed by the learned Member MAC Tribunal, Nagaon in MAC Case No. 708/2016.

Issue notice returnable in six weeks. The applicant shall take steps for service of notice upon the opposite party by registered post with A/D as well as by usual process.

With regard to the prayer for stay the learned counsel for applicant has submitted that the driver of the vehicle namely, Sri Samsul Hoque was held a driving license valid up to 06.12.2021 which is valid for driving transport vehicles till 6.12.2021 and non transport vehicle till 08.10.2026.

Referring to paragraph 46 of the case of Mukund Dewagan -Vs- Oriental Insurance Company Limited, 2017 (4) T.A.C. 11(S.C.), the Hon'ble Supreme Court of India has held that "a person holding a LMV license for a transport vehicle is entitled to drive all classes of vehicle in that category, which includes heavy goods vehicles and heavy passenger vehicles". Therefore, it is submitted that at the time of accident, the driver was holding a valid license to drive a transport vehicle and that there was no breach of condition of license.

Considering the submission made by Mr. Goswami, the enforcement of the judgment and award dated 20.10.2020, passed by the learned Member, MAC Tribunal, Nagaon in MAC Case No. 708/2016, shall remain stayed, without requiring the applicant to make any recovery of any part of award as pre condition for grant of stay.

List the matter after six weeks on a date to be fixed by the Office.

JUDGE

Comparing Assistant