Gauhati High Court
M/S United India Insurance Co. Ltd vs Kobej Ali And 2 Ors on 1 September, 2021
Page No.# 1/5
GAHC010028832020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1035/2021
M/S UNITED INDIA INSURANCE CO. LTD.
REP. BY THE DIVISIONAL MANAGER
BONGAIGAON DIVISION
MAYAPURI ROAD
BONGAIGAON
P.O. AND DIST. BONGAIGAON
ASSAM
VERSUS
KOBEJ ALI AND 2 ORS.
S/O. LATE SADER ALI
R/O. VILL. BHELAKOBA PART-III
P.O. SAPATGRAM
DIST. DHUBRI
ASSAM
PIN- 783348
2:MRS NUR NESSA BEGUM (OWNER)
W/O FULBAR ALI
R/O VILL. SRIGRAM PART-IV
P.O. HATIPOTA
P.S. CHAPAR
DIST. DHUBRI
ASSAM
PIN 783371. OWNER OF THE VEHICLE BEARING NO. AS-17-B/3225.
3:SHAHA ALLOM ALI (DRIVER)
S/O NUR HUSSAIN
R/O VILL. BANIAPARA PART-II
P.O. HATIPOTA
P.S. CHAPOAT
DIST. DHUBRI
ASSAM
Page No.# 2/5
PIN 783348. DRIVER OF THE VEHICLE BEARING VIDE D/L NO.
15072/KOJ/T. VALID UPTO 23/12/2017.
------------
Advocate for : MR. M DUTTA
Advocate for : appearing for KOBEJ ALI AND 2 ORS.
Linked Case : MACApp./109/2020
M/S UNITED INDIA INSURANCE COMPANY LIMITED
REPRESENTED BY THE DIVISIONAL MANAGER, BONGAIGAON DIVISION,
MAYAPURI ROAD, BONGAIGAON, P.O. AND DIST. BONGAIGAON, ASSAM.
VERSUS
MD. KOBEJ ALI AND 2 ORS
S/O LATE SADER ALI, R/O VILL. BHELAKOBA PART-III, P.O. SAPATGRAM,
DIST. DHUBRI, ASSAM, PIN 783337.
2:MRS NUR NESSA BEGUM (OWNER)
W/O FULBAR ALI
R/O VILL. SRIGRAM PART-IV
P.O. HATIPOTA
P.S. CHAPAR
DIST. DHUBRI
ASSAM
PIN 783371. OWNER OF THE VEHICLE BEARING NO. AS-17-B/3225.
3:SHAHA ALLOM ALI (DRIVER)
S/O NUR HUSSAIN
R/O VILL. BANIAPARA PART-II
P.O. HATIPOTA
P.S. CHAPOAT
DIST. DHUBRI
ASSAM
PIN 783348. DRIVER OF THE VEHICLE BEARING VIDE D/L NO.
15072/KOJ/T. VALID UPTO 23/12/2017
Advocate for the Petitioner : MR. M DUTTA
Advocate for the Respondent : MR. N BARMAN
Page No.# 3/5
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 01.09.2021
The Court proceedings have been conducted through online court
proceeding services.
Heard Mr. M. Dutta, learned counsel for the applicant.
None has appeared for the respondent nos. 2 and 3 though the name of
the learned counsel is reflected in the cause-list.
The applicant herein as the appellant has preferred the connected appeal,
MACApp no. 109/2020 against the judgment and award dated 01.10.2019
passed by the learned Member, Motor Accident Claims Tribunal, Kokrajhar ('the
Tribunal', for short) in MAC Case no. 14/2017. By the said judgment and award
dated 01.10.2019, the learned Tribunal had awarded an amount of Rs.
5,85,000/- as compensation along with interest @ 6% p.a. from the date of
filing of the petition till realization. The connected appeal has already been
admitted for hearing on 02.03.2020. Along with the said appeal, an interlocutory
application, I.A.(Civil) no. 632/2020 was preferred praying for stay/suspension
of the judgment and award dated 01.10.2019. By an order dated 02.03.2020.
the said interlocutory application, I.A.(Civil) no. 632/2020 was disposed of by
directing that till disposal of the appeal, MACApp no. 109/2020, the operation of
the judgment and award dated 01.10.2019 shall remain suspended, subject to
deposit of payment of 50% of the awarded amount in the Registry of this Court
within a period of one month from 02.03.2020.
Page No.# 4/5
Mr. Dutta, learned counsel for the applicant-appellant has submitted that
the present application has been filed seeking extension of time for deposit of
the amount pursuant to the order dated 02.03.2020 passed in I.A.(Civil) no.
632/2020. It is submitted by him that though a cheque for 50% of the awarded
amount was prepared on 18.03.2020 for depositing the same before this
Registry of this Court, due to lockdown imposed for Covid-19 pandemic, the
cheque could not be deposited within a period of one month from 02.03.2020.
It is submitted by him that the fact of non-deposit came to light at the time of
re-conciliation of the bank statement but by that time, the validity period of the
cheque was over. The same had occurred due to sheer inadvertence and it was
purely unintentional. He has submitted that as the cheque for 50% of the
awarded amount is presently ready, this application has been filed to allow the
applicant-appellant to deposit 50% of the awarded amount by extending the
time period for further 2 (two) weeks from today.
Having regard to the reason cited for such non-deposit, I am of the prima
facie view that the applicant-appellant was prevented from depositing the said
cheque due to genuine cause.
Accordingly, the prayer made in this interlocutory application is allowed
and the applicant-appellant is granted 2 (two) weeks' further time from this date
to deposit the 50% of the awarded amount, as directed by the order dated
02.03.2020 passed in I.A.(Civil) no. 632/2020.
JUDGE
Page No.# 5/5
Comparing Assistant
