Oriental Insurance Company Ltd vs Makon Hazarika And Anr
2021 Latest Caselaw 2055 Gua

                                                            Page No.# 1/2

GAHC010121032021




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

                         Case No. : I.A.(Civil)/1295/2021



         ORIENTAL INSURANCE COMPANY LTD.
         HAVING ITS REGIONAL OFFICE AT GUWAHATI
         ULUBARI
         GUWAHATI- 781007
         REP. BY THE DEPUTY MANAGER
         GAUHATI REGIONAL OFFICE
         ULUBARI
         GUWAHATI- 781007
         KAMRUP(M)
         ASSAM


          VERSUS

         MAKON HAZARIKA AND ANR.
         W/O- LATE HEMO HAZARIKA
         R/O- VILL.- RONGAMATI SENCHOWA GAON
         P.O. RONGAMATI
         P.S. DERGAON
         DIST.- GOLAGHAT
         ASSAM
         PIN- 785614.

         2:MOLOY BORAH
         S/O- SRI MADHUSUDHAN BORAH
          R/O- AMLOKHI TEA ESTATE
          P.O. SALONA
          P.S. SAMOGURI
          DIST.- NAGAON
         ASSAM
          PIN- 782101.
          ------------
         Advocate for : MS. R D MOZUMDAR
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              Advocate for : appearing for MAKON HAZARIKA AND ANR.



                                       BEFORE
                      HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                                  ORDER

03.09.2021

The court proceedings have been conducted through online court proceeding services.

Heard Ms. R.D. Mozumdar, learned counsel for the applicant/appellant.

The interlocutory application has been preferred by the applicant/appellant seeking stay/suspension of the operation of the impugned judgment and award dated 17.03.2021 passed by the learned Member, Motor Accident Claims Tribunal, Golaghat ("the Tribunal" for short) in MAC Case No. 41/2015 till disposal of the appeal. By the said judgment and award, the learned Tribunal has awarded an amount of Rs. 10,37,482/- as compensation along with interest @ 6% p.a. from the date of filing of the claim petition till realization of the entire amount.

The applicant as appellant has preferred the connected appeal, MAC App. 172/2021 assailing the said judgment and award. The said appeal has already been admitted for Hearing.

Ms. Mozumdar has submitted that it has been proved by the appellant insurer in the proceeding before the learned Tribunal that the owner-cum-driver of the offending vehicle did not possess a valid and effective driving licence. It is found that the claimant was a third party, who met an accident due to rash and negligent act of driving on the part of the owner-cum-driver.

Upon due consideration of the fact situation, it is provided that the operation of the impugned judgment and award dated 17.03.2021 shall remain suspended till disposal of the connected appeal, subject to deposit of 75% of the awarded amount by the applicant/appellant within a period of 6 (six) weeks from today before the Registry of this Court.

The application stands disposed of with the aforesaid terms.

JUDGE

Comparing Assistant