Md. Jakir Hussain vs Neharun Nessa And 2 Ors
2021 Latest Caselaw 779 Gua

                                                                   Page No.# 1/3

GAHC010031982021




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

                          Case No. : I.A.(Civil)/506/2021


         MD. JAKIR HUSSAIN
         S/O- LATE GULAM ALI
         R/O- VILL.- JALUGURI
         P.S. MURAJHAR
         DIST.- NAGAON
         ASSAM
         PIN- 782439. (OWNER OF THE VEHICLE NO. AS-21/C-1353).


          VERSUS

         NEHARUN NESSA AND 2 ORS.
         W/O- MD. AJIJUR RAHMAN
         R/O- SAMARALI BAZAR
         P.S. MURAJHAR
         DIST.- NAGAON
         ASSAM
         PIN- 782439.

         2:MD. SAMSUL HOQUE
         S/O- MD. S. ALI
          R/O- VILL.- TAKUNABORI
          P.S. AND DIST.- MORIGAON
         ASSAM
          PIN- 782104. (DRIVER OF THE VEHICLE NO. AS-21/C-1353).
          3:NEW INDIA ASSURANCE CO. LTD.

         REP. BY THE BRANCH MANAGER
         B.O. MORIGAON
         PIN- 782105
         MORIGAON MICRO OFFICE/530709
         MAIN ROAD
         W/NO. 7. (INSURER OF VEHICLE NO. AS-21/C-1353).
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             Advocate for : MR. S K GOSWAMI
             Advocate for : appearing for NEHARUN NESSA AND 2 ORS.



                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                           ORDER

Date : 03.03.2021

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

This is an application for stay of operation and execution of the impugned judgment and award dated 30.05.2020 passed by the learned Member, MACT, Nagaon in MAC Case No. 200/15.

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 within 2 (two) days.

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

Referring to the paragraph 46 of the case of Mukund Dewangan Vs. Oriental Insurance Company Limited, 2017 (4) T.A.C. 11 (S.C.), it is submitted that the 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 vehicle and heavy passenger vehicle. Hence, it is submitted that at the time of accident, the driver was holding a valid licence to drive a transport vehicle and that there was no breach of conditions to license.

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Considering the said submissions, the Court is inclined to stay the enforcement of the judgment and award dated 30.05.2020 passed by the learned Member, MACT, Nagaon in MAC Case No. 200/15 without requiring the applicant to make any deposit of any part of the award as a pre-condition for grant of stay.

List after 6 (six) weeks.

JUDGE

Comparing Assistant