Hdfc Ergo General Insurance Co. ... vs Laila Khatun And 2 Ors
2022 Latest Caselaw 3311 Gua

                                                              Page No.# 1/2

GAHC010063702020




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

                        Case No. : I.A.(Civil)/2429/2022

         HDFC ERGO GENERAL INSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RAMON HOUSE
          H T PAREKH MARG
          169 BACKBAY RECLAMATION
          MUMBAI 400020 AND ITS GUWAHATI BRANCH AT ADITYAM BUILDING
         6TH FLOOR
          LACHIT NAGAR
          GS ROAD
          GUWAHATI ASSAM 781007


          VERSUS

         LAILA KHATUN AND 2 ORS
         W/O LATE KHALILUR RAHMAN RESIDENT OF CILLAGE ROWMARI
         PS TEZPUR
         DIST SONITPUR ASSAM
         784001

         2:SRI GAURI SANKAR SHARMA
         S/O SRI RAM CHANDRA SHARMA
          RESIDENT OF VILLAGE HOUSE NO. 11
         KAMALABARI
          OPP SRIRAM WEIGHT BRIDGE
          BEHARBARI GUWAHATI DIST KAMRUP M ASSAM 781029
         OWNER OF THE TRUCK NO. AS 01FC/0587
          3:SRI BISWAJIT CHUTIA
         S/O SRI KABINDRA CHUTIA

         RESIDENT OF VILLAGE CHAMORAJAN

         PS DHEMAJI
         DIST DHEMAJI ASAM 787057
         DRIVER OF THE VEHICLE NO AS 01FC/0587 (TRUCK)
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             ------------
             Advocate for : MR. R GOSWAMI
             Advocate for : appearing for LAILA KHATUN AND 2 ORS



                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 31.08.2022

Heard Mr. R. Goswami, the learned counsel appearing on behalf of the Applicant.

This is an application for stay of the impugned judgment and award dated 24.10.2019 passed in MAC Case No.28/2017(D) by the learned Member, MACT, Sonitpur.

Mr. R. Goswami, the learned counsel submits that the Tribunal below while passing the impugned award committed two gross errors. First is that the Tribunal failed to take into consideration that the vehicle in question did not have the road permit and as such has violated the terms of the Insurance Policy. Secondly, the Tribunal below could not have proceeded to decide the said claim proceedings by striking off the names of the owner and the driver who were necessary parties to the said proceedings.

Taking into account the said grounds so assigned, this Court stays the impugned judgment and award dated 24.10.2019 passed in MAC Case No.28/2017(D) till the next returnable date.

IA stands disposed of.

JUDGE

Comparing Assistant