United India Insurance Company ... vs Ratibala Rabha @ Rati Rabha And 2 ...
2021 Latest Caselaw 2779 Gua

                                                                Page No.# 1/3

GAHC010083532021




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

                        Case No. : I.A.(Civil)/1785/2021

         UNITED INDIA INSURANCE COMPANY LTD.
         A PUBLIC SECTOR UNDERTAKING COMPANY
         REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT
         1956
         HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD
         CHENNAI-600014 WITH ONE OF ITS REGIONAL OFFICE AT CHIBBER
         HOUSE
         2ND FLOOR
         G.S. ROAD
         GUWAHATI-5
         REP. BY ITS REGIONAL MANAGER
         GUWAHATI
         ASSAM

          VERSUS

         RATIBALA RABHA @ RATI RABHA AND 2 ORS.
         W/O- SRI DHANANJAY RABHA
         R/O- VILL.- KOKRAJHAR
         R.N.B. CIVIL HOSPITAL
         P.O.
         P.S. AND DIST.- KOKRAJHAR
         ASSAM
         PIN- 783370.

         2:DHANANJAY RABHA
         S/O- UDAY RABHA
          R/O- VILL.- KOKRAJHAR
          R.N.B. CIVIL HOSPITAL
          P.O.
          P.S. AND DIST.- KOKRAJHAR
         ASSAM
          PIN- 783370.
          3:DIGANTA RABHA @ DURANTA RABHA
                                                                         Page No.# 2/3

           S/O- SRI DHANANJAY RABHA
           R/O- VILL.- KOKRAJHAR
           R.N.B. CIVIL HOSPITAL
           P.O.
           P.S. AND DIST.- KOKRAJHAR
           ASSAM
           PIN- 783370.
           ------------
           Advocate for : MR. R C PAUL
           Advocate for : appearing for RATIBALA RABHA @ RATI RABHA AND 2 ORS.


                                 BEFORE
                     HONOURABLE MR. JUSTICE NANI TAGIA

                                      ORDER

Date : 10.11.2021

Heard Mr. R. C. Paul, learned counsel for the applicant/ Insurance Company.

This is an application under Order XLI Rule 5 read with Section 151 of the CPC, 1908, praying for stay of the operation of the impugned judgment and award, dated 25.12.2021, passed by the learned Member, MACT No. 1, Kamrup(M), in MAC Case No. 1654/2018, whereby compensation to the tune of Rs. 9,37,200/- has been awarded to the respondent No. 1/claimant.

Issue notice, returnable within 6 weeks.

Learned counsel for the applicant shall take necessary steps for causing service of notice upon the Respondents by registered A/D post as well as by usual process within a week from today.

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Mr. Paul, learned counsel, praying for an interim order, contends that the accident, in question, took place due to the rash and negligent driving by the deceased while riding the 2-wheeler(Activa Honda Scooty), bearing Registration No. AS-16-E-4876.

Mr. Paul, learned counsel, has relied on an order passed by this Court in MAC. Appeal No. 90/2009, dated 23.04.2014, to contend that when the rider himself commits the accident, there is no liability on the part of the insurer to pay compensation.

Having taken note of the aforesaid order passed by this Court in MAC. Appeal No. 90/2009, referred to hereinabove; pending return of the notice, the operation of the impugned judgment and award, dated 25.12.2021, passed by the learned Member, MACT No. 1, Kamrup(M), in MAC Case No. 1654/2018, whereby compensation to the tune of Rs. 9,37,200/- has been awarded to the respondent No. 1/claimant, shall remain stayed.

List it after 6 weeks.

JUDGE

Comparing Assistant