Oriental Insurance Co. Ltd vs Munindra Kr. Dutta And 3 Ors
2022 Latest Caselaw 3310 Gua

                                                              Page No.# 1/3

GAHC010176362022




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

                        Case No: I.A.(Civil)/2626/2022

         ORIENTAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE
         A-25/27 ASAF ALI ROAD
         NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI 7
         REPRESENTED BY THE REGIONAL MANAGER.


          VERSUS

         MUNINDRA KR. DUTTA and 3 ORS
         S/O LATE DEBEN DUTTA
         R/O RUPAK NAGAR HAZARAPAR
         P.O. and P.S. TEZPUR
         DIST. SONITPUR
         ASSAM.

         2:GIRIN DEKA

         S/O BAIDER DEKA
         R/O AJANTA PATH
         P.O. and P.S. DISPUR
         GUWAHATI-6
         DIST. KAMRUP
         ASSAM OWNER OF VEHICLE NO. ML-10-7237 TUCSON
         3:JANDARPA KONWAR

         S/O PRABIN KONWAR
         R/O K.R.C. ROAD
         BHARALUMUKH
         P.O. and P.S. BHARALUMUKH
         DIST. KAMRUP
         ASSAM DRIVER OF VEHICLE NO. ML-10-7237 TUCSON
         4:THE BAJAJ ALLIANZ GENERAL INSURANCE
         G.S. ROAD
                                                                        Page No.# 2/3

         ULUBARI
         GUWAHATI-7
         ASSAM INSURER OF VEHICLE NO. ML-10-7237 TUCSON
         ------------

Advocate for : MS. N MODI Advocate for : MR. K K BHATTA appearing for MUNINDRA KR. DUTTA and 3 ORS

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

31.08.2022 Heard Mr. Sisir Dutta, the learned senior counsel assisted by Mr. Subham Dutta, the learned counsel for the appellant and Mr. K. Sarma, the learned counsel appearing on behalf of the respondent No. 1. Also heard Mr. R. K. Bhatra, the learned counsel appearing on behalf of the respondent No. 4.

This is an application for stay of the impugned judgment and award dated 11.04.2014 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur in MAC Case No.342/2007.

The learned counsel appearing on behalf of the applicant submits that in view of the specific findings reached by the court below that there was a contributory negligence on the part of the claimant and taking into consideration the paragraph No.15 of the judgment of the Supreme Court rendered in the case of Khenyei vs. New India Assurance Company Limited, reported in (2015) 9 SCC 273 saddlening of liabilities of 40% of the awarded amount upon the appellant/applicant was totally uncalled for.

On the other hand, Mr. K. Sarma, the learned counsel appearing on Page No.# 3/3

behalf of the respondent No. 1 submits that the question of contributory negligence does not arise at all in as much as the accident happened on account of rash and negligent driving of the vehicle insured by the respondent No.4 Company.

Mr. R. K. Bhatra, the learned counsel appearing on behalf of the respondent No. 4 submits that in the appeal being MAC App. No.433/2017, this Court had already directed to deposit 50% of the amount awarded against the respondent No.4 and the said amount has been duly deposited.

Taking into consideration the above, this Court stays the impugned judgment and award dated 11.04.2014 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur in MAC Case No.342/2007 subject to deposit of 50% of the liability imposed upon the applicant by the applicant before the Registry of this Court within a period of 6 (six) weeks from today.

The respondent No.1 shall be entitled to withdraw the said amount by filing an appropriate application before the Registry and the Registry shall release the said amount subject to furnishing an Indemnity Bond.

The I.A. stands disposed of accordingly.

JUDGE

Comparing Assistant