M/S. United India Insurance Co. ... vs Smti. Giro Bala Rajbongshi And 5 ...
2021 Latest Caselaw 3141 Gua

                                                                 Page No.# 1/4

GAHC010178112019




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

                         Case No. : MACApp./434/2019

         M/S. UNITED INDIA INSURANCE CO. LTD.,
         HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI- 600014
         WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD, CHRISTIANBASTI,
         GUWAHATI-5, REP. BY ITS CHIEF REGIONAL MANAGER.



         VERSUS

         SMTI. GIRO BALA RAJBONGSHI AND 5 ORS.
         W/O- LATE TARUN RAJBONGSHI, MOTHER OF THE DECEASED
         MONESWAR RAJBONGSHI.

         2:SRI PINKU RAJBONGSHI
          SON OF THE DECEASED.

         3:MISS PRIANKA RAJBONGSHI
          DAUGHTER OF THE DECEASED
          RESPONDENT NOS. 2 AND 3 ARE MINORS AND REP. BY RESPONDENT NO.
         1
         ALL ARE RESIDENTS OF BALITARA
          P.S. GHOGRAPAR
          P.O. GHOGRAPAR- 781369
          DIST.- NALBARI
         ASSAM.

         4:MD. HABIBUR RAHMAN
          S/O- LATE GOLAM NABI
          R/O- VILL.- MULLA PATTY
          P.S. SADAR NAGAON
          P.O. AND DIST.- NAGAON- 782001
         ASSAM. (OWNER OF VEHICLE NO. AS-09/C-2916).

         5:MD. NOOR MAHAMMAD
                                                                     Page No.# 2/4

             S/O- LATE ABDUL RAHIM
             R/O- VILL.- SOUTH HAIBORGAON
             P.S. SADAR NAGAON
             P.O. AND DIST.- NAGAON
             ASSAM
             PIN- 782001. (DRIVER OF VEHICLE NO. AS-09/C-2916).

            6:SRI GANESH DAS
             S/O- LATE PANCHANAN DAS
             R/O- VILL.- LALMATI
             BELTOLA
             P.O. BELTOLA- 781028
             DIST.- KAMRUP(M)
            ASSAM. (OWNER OF VEHICLE NO. AS-01/CC-0112)

Advocate for the Petitioner   : MD. A AHMED

Advocate for the Respondent : MR J MOLLAH (R1,R2,R3)




             Linked Case : I.A.(Civil)/2803/2019

            M/S. UNITED INDIA INSURANCE CO. LTD.

            HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD
            CHENNAI- 600014 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD
            CHRISTIANBASTI
            GUWAHATI-5
            REP. BY ITS CHIEF REGIONAL MANAGER.


             VERSUS

            SMTI. GIRO BALA RAJBONGSHI AND 5 ORS
            W/O- LATE TARUN RAJBONGSHI
            MOTHER OF THE DECEASED MONESWAR RAJBONGSHI.

            2:SRI PINKU RAJBONGSHI
            SON OF THE DECEASED.
             3:MISS PRIANKA RAJBONGSHI
            DAUGHTER OF THE DECEASED
             RESPONDENT NOS. 2 AND 3 ARE MINORS AND REP. BY RESPONDENT NO. 1
            ALL ARE RESIDENTS OF BALITARA
             P.S. GHOGRAPAR
                                                                            Page No.# 3/4

             P.O. GHOGRAPAR- 781369
             DIST.- NALBARI
             ASSAM.
             4:MD. HABIBUR RAHMAN
             S/O- LATE GOLAM NABI
             R/O- VILL.- MULLA PATTY
             P.S. SADAR NAGAON
             P.O. AND DIST.- NAGAON- 782001
             ASSAM. (OWNER OF VEHICLE NO. AS-09/C-2916).
             5:MD. NOOR MAHAMMAD
             S/O- LATE ABDUL RAHIM
             R/O- VILL.- SOUTH HAIBORGAON
             P.S. SADAR NAGAON
             P.O. AND DIST.- NAGAON
             ASSAM
             PIN- 782001. (DRIVER OF VEHICLE NO. AS-09/C-2916).
             6:SRI GANESH DAS
             S/O- LATE PANCHANAN DAS
             R/O- VILL.- LALMATI
             BELTOLA
             P.O. BELTOLA- 781028
             DIST.- KAMRUP(M)
             ASSAM. (OWNER OF VEHICLE NO. AS-01/CC-0112).
             ------------
             Advocate for : MD. A AHMED
             Advocate for : appearing for SMTI. GIRO BALA RAJBONGSHI AND 5 ORS



                                   BEFORE
                       HONOURABLE MR. JUSTICE NANI TAGIA

                                        ORDER

Date : 26.11.2021

Heard Mr. R. C. Paul, learned counsel for the appellant and Mr. J. Mollah, learned counsel for the respondents No.1 to 3/claimants.

It appears from the record that respondents No.5 to 6 have not been served. Mr. Paul, learned counsel, therefore, prays for two weeks time to enable the appellant for ascertaining the correct address of the respondents No.4 to 6, and thereafter, to take appropriate steps for service of notice on respondents No.4 to 6.

Page No.# 4/4

Mr. R. C. Paul, learned counsel for the appellant and Mr. J. Mollah, learned counsel for the respondents No.1 to 3/claimants have also been heard on extension of the interim order dated 26.08.2019.

Upon hearing the learned counsels for the parties, it is provided that order dated 26.08.2019, whereby the impugned judgment and award dated 28.01.2019, passed by the learned Member, MACT No.3, Kamrup(M), Guwahati in MAC No.2775/2015 have been stayed till the returnable date, is hereby extended until disposal of this appeal on deposit of 50% of the awarded amount by the appellant/Insurance Company before the Registry of this Court, within a period of 6(six) weeks from today. As and when the aforesaid amount is deposited by the appellant/Insurance Company, the respondents No.1 to 3/claimants shall be at liberty to file an application for withdrawal, which shall be considered by this Court in accordance with law.

List accordingly after 4(four) weeks.

JUDGE

Comparing Assistant